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(영문) 서울고등법원 2016.10.04 2016나2011453
약정금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the portion added to the following:

2. On the fourth and third sides of the judgment of the first instance, the following shall be added to the addition:

The content of the statement in this case itself is not sufficient to recognize that the defendant made an agreement to pay the amount of embezzlement equivalent to 320 million won or less to the defendant, and that the amount of embezzlement would be immediately repaid when the amount of embezzlement exceeds that amount. It does not include the plaintiffs' assertion that "if the amount embezzled by the defendant is not more than 320 million won, it would be repaid even if the amount embezzled by the defendant is not more than 320 million won." However, since the defendant agreed to pay the amount to the plaintiffs even if the amount embezzled by the defendant is not more than 320 million won, the defendant is obligated to pay the agreed amount to the plaintiffs. The statement in this case alone is insufficient to recognize that the defendant made an agreement to pay the amount of embezzlement equivalent to 320 million won or less to the amount of embezzlement to the plaintiffs. Accordingly, even if the defendant's assertion in this case is not sufficient to recognize the result of the above examination of the plaintiff in this case, it is not sufficient to acknowledge that the plaintiff's assertion in this case's first instance.

3. In conclusion, the plaintiffs' respective claims of this case are dismissed without merit, and the judgment of the court of first instance is justified with this conclusion, and all appeals by the plaintiffs are dismissed. It is so decided as per Disposition.

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