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(영문) 서울고등법원 2020.02.10 2019나2029479
약정금
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, and the reasoning of the judgment of the court of first instance citing this case is the same as that of the judgment of the court of first instance, except for additional determination as to the defendant's assertion as set forth in the following

2. Additional determination

A. As to the assertion of non-performance of the terms and conditions, the Defendant asserts that the terms and conditions of the instant agreement were not fulfilled by January 13, 2018, and therefore, the Plaintiffs are not obligated to pay the agreed amount pursuant to the instant agreement. (ii) However, the following circumstances revealed by the evidence duly adopted and examined at the first instance court and the first instance court, i.e., (i) the Defendant’s statement of agreement stating “13 January 13, 2018,” which the Defendant asserts as the terms and conditions, that the term and conditions of this agreement were indicated as “the due date,” and (ii) the agreement statement of this case (as the Defendant’s statement of this case was written by January 31, 2018) stating that it is difficult for the Plaintiffs to reach the agreement between the two parties, including the Defendant’s statement of agreement, and that the provision of this case’s statement of this case’s agreement did not affect the conclusion of the agreement between the Plaintiffs and the two parties’ statement of this case’s agreement, even if it did not affect the agreement.

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