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(영문) 춘천지방법원강릉지원 2020.08.18 2019나576
약정금
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. Determination on the cause of the claim

A. According to the purport of Gap evidence Nos. 1 through 3 and the entire pleadings, the defendant prepared a written confirmation stating that "I will purchase all cafeterias (second floor) cafeterias and fixtures in the building located in Gangseo-si C on October 31, 2012 as the other party to the plaintiff on the day of the day, and pay a million won on the day of the day, and confirm to pay the daily gold KRW 1,000 to November 30, 2012."

Therefore, the defendant is obligated to pay to the plaintiff the remainder of KRW 22,00,000,000 with the exception of KRW 43,000,000, which was paid to the plaintiff among the total amount of KRW 65,000 according to the above certification.

B. On this issue, the defendant only prepared the above written confirmation and delivered it to D who concluded a consulting service contract to solve the problem of lien and lease related to C real estate located in Gangnam-si, and did not bear the obligation to pay money pursuant to the above written confirmation to the plaintiff since there was no delivery of the above written confirmation to the plaintiff. However, since the above written confirmation includes "A" as the addressee, even if the plaintiff prepared the above written confirmation and delivered it to D, the defendant bears the obligation to pay money pursuant to the above written confirmation to the plaintiff.

Therefore, the defendant's above assertion is without merit.

C. Meanwhile, the Defendant’s defense that the Plaintiff received KRW 43,00,000 by February 3, 2014, and exempted the remainder KRW 22,00,000,000 from the obligation. However, there is no evidence to prove that the Plaintiff exempted the remainder of the cost of the collection and the cost of the goods to the Defendant.

Therefore, the defendant's defense is without merit.

In addition, the defendant, on February 3, 2014, exercised the remaining claim for three years from the payment of KRW 3,000,000 out of the total amount of money and the cost of goods from the defendant.

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