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(영문) 대전고등법원 2018.04.26 2017나337
약정금
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

Plaintiff’s assertion

The summary of the defendant is C(hereinafter referred to as "C") representative director.

C Even though it was awarded a contract for the construction work of a temple by the "Dr" (hereinafter referred to as the "Dr") and was not paid the construction cost.

Around November 2007, the Defendant promised to the Plaintiff that “the Defendant would have no money, so that the Plaintiff would appoint an attorney-at-law and bring a lawsuit for construction cost against Dr. When winning the lawsuit above, the Plaintiff would give cash of KRW 1 billion to the Plaintiff and leave the telegraph plant at actual cost.”

Accordingly, the Plaintiff has assisted C to file and perform a lawsuit claiming the payment of construction cost by Daejeon District Court 2008Gahap9666 against D companies (hereinafter “related lawsuit”).

On the other hand, E, which operated “F”, had not been paid the construction cost after receiving a subcontract for the construction work from the Defendant.

On June 17, 2013, the Plaintiff prepared two copies of the agreement (referring to the evidence No. 5-1 and No. 5-2; hereinafter “instant agreement”) containing the content that the Defendant is obligated to pay KRW 1.5 billion [the Plaintiff, the Plaintiff, and the Defendant, who won in the relevant lawsuit (the Plaintiff, the Plaintiff, the amount to be paid, or the amount to be paid to E), the Plaintiff, and the Defendant] to pay KRW 500 million (the sum of the Plaintiff’s borrowing money to E and the amount of damages due to theF default)] to E, and presented it to the Defendant, after examining the instant agreement, the Defendant affixed a seal to the name of the agreed person.

On January 11, 2016, the Plaintiff received 1.5 billion won claim under the instant agreement from E, and E notified the Defendant of the fact of transfer.

Therefore, the defendant, who is the debtor, is obligated to pay 1.5 billion won and damages for delay to the plaintiff who is the transferee of the claim.

Judgment

The stamp image of the preparing person affixed on the relevant legal principles and the issues documents shall be his/her own.

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