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(영문) 인천지방법원 2019.05.09 2018나7085
위약금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. The scope C of this Court’s trial directly receives the judgment of the first instance court on October 19, 2018, and the petition of appeal filed with the court of first instance on October 29, 2018, contains only the name and personal information of the defendant in the appellant column, and the seal and seal of the defendant is affixed to the final petition of appeal. The name of the defendant and the fact that only the name of the defendant and the signature and seal of the defendant are affixed to the final petition of appeal

According to the above facts of recognition, only the defendant submitted a petition of appeal to the court of first instance and appealed against the judgment of the court of first instance, and it is obvious that C did not appeal.

Therefore, the scope of the judgment of this court shall be limited to the part against the defendant who submitted a petition of appeal among the judgment of the court of first instance, and the part against C shall not be judged by this court.

2. Facts of recognition;

A. On September 15, 2017, the Defendant was prosecuted for the crime committed by the Plaintiff as the victim and was sentenced to imprisonment with prison labor for one year and six months for special residence intrusion, special property damage, violation of the Animal Protection Act, and intrusion upon residence on the part of the Incheon District Court Branch Branch.

(2017 Highest 1647, and from the following, "criminal first instance judgment" (hereinafter referred to as "criminal first instance judgment").

After the judgment of the first instance court was rendered, C, the Defendant’s mother, in consultation with the chief of the H office of the law firm G, which was the Defendant’s defense counsel, drafted the following agreements:

A: B and B shall agree on the following cases:

1. B shall be a director by the end of December, 2017 for the building D, Do, and for the building E, which is currently living;

2. A shall, upon receiving five million won (1.5 million won) from B, enter into a criminal agreement with B, and withdraw a criminal complaint with respect to B.

C. On September 28, 2017, C requested an agreement by finding the Plaintiff with the said agreement.

The plaintiff strongly demanded the defendant's director, and "in the event of a proposal, the plaintiff will compensate ten times the agreed amount" at the end of paragraph (1) of the above agreement, following the contents of the above agreement.

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