(영문) 수원고등법원 2020.02.06 2019나11827

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(영문) 수원고등법원 2020.02.06 2019나11827

매매대금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is as follows, except for the case where the defendant either changed or added a claim that was changed or added by this court, and the part of the judgment of the court of first instance as to the defendant is stated in the reasoning of the judgment of the court of first instance, and thus, this case is cited in accordance with the main sentence of

2. Following the fourth 10th 10th 10 of the judgment of the court of first instance, the part in which the indictment is written or added, [the defendant stated that the defendant did not dispute the fact that the defendant bears the obligation to pay the contract amount of KRW 250 million to the plaintiff (hereinafter “the obligation to pay the contract amount of this case”) on the date of the second st pleading of this court in accordance with the above confirmation (Evidence A 3; hereinafter “instant confirmation”).]

The fourth to twenty parallels of the first instance judgment shall be followed by the following:

(B) The defendant's defense 1) The defendant paid part of the contract amount of this case as follows. ① From December 17, 2015 to March 27, 2017, the defendant: (a) the sum of KRW 40,500,000 won transferred to G account each month from December 17, 2015 to March 27, 2017; (b) the sum of KRW 18,000,000 won transferred to the above G account from November 27, 2015 to March 27, 2017 (2,00,000 won) and KRW 5,00,000 won transferred each month from May 18, 2017 to KRW 13 and 18,000,000 won, the defendant's total of KRW 160,000,000,000 won were recognized to be the defendant's total account from 2017.7.27

In full view of the relationship with the Plaintiff and G, and the Defendant’s transfer of the said money from the month following the preparation and issuance of the instant certificate, it is reasonable to deem that the said remitted money was paid as the repayment of the instant agreed amount, barring any special circumstance.

The defendant's defense of this part of the repayment is justified.

As to this, the Plaintiff’s said money.

참조조문

-민사소송법 제420조

유사 판례

-수원고등법원 2020.02.06 2019나11827

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