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(영문) 서울동부지방법원 2018.04.20 2017나25507
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. The reasoning for the court’s explanation of this case is as follows: “The fact that the defendant paid to the plaintiff KRW 1,801,000 on May 19, 2017 is without dispute between the parties; “28,015,000” of the two pages 8 is as follows: “26,214,000 won in the balance of the agreed amount (=28,015,000 won - 1,801,000 won in preference to principal)”; and therefore, the reasoning for the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act, except for the case where “the plaintiff and the defendant agreed to appropriate the partial repayment in preference to principal.”

2. Accordingly, the decision of the first instance court, which found the result of the reduction of claims by this court, is justifiable, and the defendant's appeal against the plaintiff is dismissed as it is without merit.

However, the decision of the court of first instance was changed by the reduction of the plaintiff's claim as set forth in paragraph (3) of this Article.

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