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(영문) 부산고등법원 2018.01.25 2017나53043
약정금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and the judgment on the Defendant’s additional assertion is as stated in the reasoning of the judgment of the court of first instance, except where the judgment on the corresponding part of the judgment of the court of first instance was added as follows. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. The part of the 8th to 9th of the first instance judgment shall be raised as follows.

6) The Defendant asserts as follows with respect to the amount of payment to the Plaintiff. The “settlement money for replotting” stipulated in the instant agreement refers to not “the amount of the settlement money for replotting,” but “the amount of the settlement money remaining after the fulfillment of the authorization conditions.” Therefore, the Defendant has no obligation to pay the settlement money to the Plaintiff. As long as the formation of the disposal document is recognized as authentic, the court shall recognize the existence and content of the declaration of intent as stated in the disposal document, unless there is any clear and acceptable counter-proof evidence, insofar as the interpretation of the parties’ intent as indicated in the disposal document is at issue due to a dispute over the interpretation of the contract between the parties, it shall be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents, motive and background of the agreement, the purpose of attaining the agreement, the parties’ genuine intent, etc. (see, e.g., Supreme Court Decision 2014Da1976, Feb. 15, 2017).

On a different premise, the defendant's objection is the first defendant.

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