(영문) 광주지방법원 2019.05.28 2017가단515454

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(영문) 광주지방법원 2019.05.28 2017가단515454

약정금

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. As to the lawsuit of this case for which the plaintiff sought payment of the agreed amount in accordance with the defendants' payment note, the defendants set up a statement of payment by force prior to the merits, and the contents thereof are invalid as they are not fulfilled with the condition of suspension necessary for the occurrence of effect. Thus, the lawsuit of this case is unlawful and dismissed.

On the other hand, it is not a standard for determining the legitimacy of the lawsuit, since the issue to be addressed in this case is whether there was force or whether the suspension conditions prescribed in the note of payment have been fulfilled in the course of the preparation of the note of payment asserted by the Defendants, and therefore the defendants' principal safety defense is without merit.

2. Judgment on the merits

A. On June 30, 2016, the Plaintiff and the Defendants agreed to pay the Plaintiff KRW 37 million by July 25, 2016.

(2) The Plaintiff’s father D and Nonparty A, who had been operated by the Defendant married couple, was in charge of sales of agricultural materials from December 2, 2015 to July 25, 2016, and did not receive wages and operating expenses properly.

(3) D was paid monthly wages on behalf of the Plaintiff due to personal credit problems, and E was paid wages in lump sum. The claim for wages was transferred to the Plaintiff before the Defendants deemed to have been, and the said Nonparty’s payment was made in the form of a written statement to the effect that the Defendants agreed to pay the Plaintiff the unpaid wages in lump sum.

(4) Meanwhile, on December 10, 2015, the Defendants lent KRW 15 million to the Plaintiff, and the Plaintiff’s claim for the agreed amount expired by offsetting against the Defendants’ claim for the loans. Therefore, the Defendants should pay to the Plaintiff the remaining agreed amount KRW 22 million (=37 million-15 million).

B. The summary of the Defendants’ assertion (1) Defendant C produces fertilizers with the growth and effect of swine blood as UNFCCC.

유사 판례

-부산지방법원 2015.08.13 2013나22000

-울산지방법원 2018.10.18 2018나21067

-창원지방법원진주지원 2020.11.10 2020가합11066

-인천지방법원 2020.10.23 2019나73058

-서울중앙지방법원 2019.06.28 2018나39821