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(영문) 대구고등법원 2018.11.28 2018나21211
기타(금전)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment is as follows: (a) the “ flood industry” under Section 8 of the first instance judgment as “interest industry”; and (b) the Plaintiff’s assertion emphasizing or adding this court is identical to the judgment of the court of first instance except for the following additional determination: (c) thereby, it is acceptable in accordance with the main sentence of Article 420

2. Additional determination

A. (1) On June 25, 2012, the Plaintiff’s assertion 1: (a) on the settlement agreement with the Defendant, the Plaintiff entered KRW 264,045,00 in the amount to be paid by the Defendant to the Plaintiff (i.e., KRW 241,00,000 for dredging line production cost of KRW 23,045,00 for dredging line production cost of KRW 23,000 for the amount of successful bid payment) as KRW 214,045,00 for the amount to be paid by the Defendant; (b) the Defendant was paid by the Defendant; (c) the remainder of KRW 50,000 for the Defendant was not paid; and (d) the Defendant confirmed and signed on the lower part of the instant settlement statement to the effect that it would receive the confirmation and settlement. Accordingly, the Defendant is obliged to pay KRW 5,000,000 for the unpaid settlement amount of KRW 5,000,000 for the Defendant, including evidence No. 117 and evidence No.

① The Plaintiff and the Defendant drafted the instant settlement statement and entered into a new settlement agreement with respect to the amount of the settlement of the instant agreement, and the Defendant paid to the Plaintiff the amount of the settlement amount to be paid by the Defendant to the Plaintiff as KRW 264,045,00,00 in total, including the amount of the dredging cost settlement amount of KRW 23,04,045,00 in advance of the dredging soil purchase price settlement amount of KRW 23,00.

② In relation to the payment of the above settlement amount, the settlement of this case stated that the defendant paid KRW 214,045,00,000, which is the sum of KRW 67,482,572, and KRW 100,000 on April 2, 200, KRW 46,562,428, and KRW 214,045,00,000, which was paid by the defendant from the sum of the above settlement amount, remains.

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