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(영문) 서울동부지방법원 2020.09.23 2020나21284
주식매매대금청구
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as the ground of the judgment of the court of first instance, except for the addition of the following '2. Additional Judgment' as to the defendant's argument, and thus, it is acceptable as it is in accordance

(However, the defendant further determined on February 2, 200, the contents of the agreement of this case (No. 1) mean that the defendant would pay the plaintiff's share sales price from the corporation B, and the defendant did not receive the share sales price from the corporation B, and therefore, the defendant did not have an obligation to pay the plaintiff the amount of the agreement of this case. Thus, the defendant asserts that the agreement of this case was conditional legal act under which the payment of the amount of money of this case was made under the condition to suspend the receipt of the share sales price from the corporation B.

On the other hand, the fact that a certain juristic act constitutes a conditional juristic act has the burden of proving and proving to the person who intends to dispute the occurrence of the legal effect (see, e.g., Supreme Court Decision 93Da20832, Sept. 28, 1993). If the objective meaning of the text is clear in cases where a certain content of a contract is written in writing as a disposal document between the parties, barring any special circumstance, the existence and content of the expression of intent should be recognized. In particular, in cases where a different interpretation of the objective meaning of the text leads to a serious impact on the legal relationship between the parties, the more strict interpretation of the content

(See Supreme Court Decision 2010Da26769 Decided November 11, 2010, etc.). In light of the foregoing legal doctrine, the following circumstances are as follows: (a) the instant agreement does not contain any expressions as alleged by the Defendant; and (b) the terms and conditions of the Defendant’s assertion may prevent the occurrence of an obligation to pay money, which may prevent the occurrence of the effect of the obligation to pay money.

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