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(영문) 수원지방법원 2019.07.18 2019나58896
약정금
Text

1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff added the following judgment as to the selective claims that were newly adopted by the court of first instance, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. Additional determination

A. The Plaintiff’s assertion that this case’s land was donated to a third party is subject to the Plaintiff’s consent, and the Defendant’s donation of this case’s land to D, etc. without the Plaintiff’s consent constitutes nonperformance of obligation.

Therefore, the defendant is obligated to pay 200 million won and damages for delay as compensation for damages due to nonperformance to the plaintiff.

B. In light of the determination, the instant undertaking states to the effect that “in the event that the instant land is donated to a third party, it would be implemented after the Plaintiff’s consent.” However, the content of the instant undertaking, such as the foregoing, alone, is difficult to view it as a credit or obligation, and it is difficult to view it as a gift without the Plaintiff’s consent, and it is difficult to view it as nonperformance of any obligation.

and there is no other evidence to acknowledge it.

The plaintiff's above assertion on a different premise is without merit to examine further.

3. Conclusion, the plaintiff's claim of this case must be dismissed as it is without merit.

The judgment of the court of first instance as to the claim for agreed amount is justifiable in conclusion, and the plaintiff's appeal and the additional selective claims are dismissed in this court. It is so decided as per Disposition.

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