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(영문) 광주지방법원 2017.03.24 2016가단42188
약정금
Text

1. The part of the Plaintiff’s lawsuit against Defendant C among the instant lawsuit is dismissed.

2. The plaintiff is under the defendant B's text.

Reasons

1. The Plaintiff’s assertion is going against the Defendants, located in D and E 2 military clubs, with respect to the wing portion of the Defendants’ boat.

With respect to the portion of salary in D, there is an agreement with the Defendant C Literature Association (hereinafter referred to as the “Defendant C Literature Association”) to pay 80 km or 12 Gam each year in relation to the payment of the price, and on the basis of such agreement, 66,960,000 won (12 mar x 180,000 won (12 mar x 180,000 won x 31 year x 31 years) as the price for salwing and grave management for 31 years from 1981 to 2011.

In relation to Defendant B’s question (hereinafter “Defendant B”), the instant claim is filed on the ground that, although there was no fact that the Plaintiff agreed to receive compensation for the removal from the proposal, it actually remains free of the proposal.

2. In a case where an agreement not to file a lawsuit is reached even if there is a dispute over a specific right or legal relationship to determine whether the part of the claim against the defendant C in the lawsuit of this case regarding the legitimacy of the claim against the defendant C, the lawsuit filed in violation of this agreement does not have a benefit in the protection of rights, and in a case where there is a different opinion on the validity or scope

(See Supreme Court Decision 201Da80449 Decided November 28, 2013). According to the purport of Gap evidence Nos. 2 and Eul evidence Nos. 1 evidence Nos. 1 and the whole purport of the pleadings, defendant Cials Association agreed on February 24, 1996 between the plaintiff and the plaintiff on February 24, 1996 that the plaintiff shall manage the production of the B chemicalmF and pay 80km 12 A, and the plaintiff filed a lawsuit seeking an unpaid payment agreement from 1996 to 2008, and "the defendant shall pay to the plaintiff 19,60,000 won and 20% interest per annum from the day following the delivery date of the complaint of this case to the day of full payment." The decision of performance recommendation becomes final and conclusive at that time, and the plaintiff and the defendant.

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