(영문) 서울고등법원 2018.01.26 2017나2045309

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(영문) 서울고등법원 2018.01.26 2017나2045309

약정금

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1.In the trial, the judgment of the first instance, including a claim for addition, reduction, or modification, shall be amended as follows:

The plaintiff.

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is next to the judgment of the first instance.

It is the same as the judgment of the court of first instance, except for the revision as stated in the following paragraph and addition of the judgment in the trial as stated in the following paragraph 2, and therefore the corresponding part is cited in accordance with the main sentence of Article 420 of the

B. Part 1) The 3rd part of the 12th judgment of the first instance court, “the Plaintiff”, “The 3rd part of the 4th judgment of the first instance court, refers to “the Defendant’s representative director E”.

3) Each of the “Declaration of April 28, 2016” of the 5th and 10th and 5th and 10th and each of the 5th and 5th and 10th instances of the trial of the first instance includes “45,67 through 69, and 101 evidence” of the 6th and 3th and 4th and each of the 4th and 5th and 10th and 5th and 5th and 5th and 5th and 5th and 5th and 5th and 5th and 10th and 5th and 10th and 10th of the first instance judgment.

5) As the first instance court’s judgment No. 7 of the first instance court’s judgment, the said agreed amount must be paid as follows.

However, the Defendant, on December 26, 2014, paid KRW 2,894,637,640 as insurance money to the Seoul Guarantee Insurance Co., Ltd. on December 26, 2014. On July 17, 2008, the Defendant concluded a guarantee insurance contract with the insurance coverage amounting to KRW 2,599,563,000, the insurance coverage period from July 7, 2008 to June 30, 2009 with respect to the obligation of recovery from earth and stone collected by the Seoul Guarantee Insurance Co., Ltd. and the Defendant to the insured Gwangju City for the payment of KRW 2,89,563,00, and the insurance period was changed from July 7, 2008 to June 30, 2012.

(See Evidence A 67 through 69). Since Gwangju City vicariously executes its restoration work with the above amount, it was impossible to restore the land for the collection site in this case by the defendant's own ability.

This is on December 26, 2014.

참조조문

-민사소송법 제420조

유사 판례

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