logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.03.30 2016나2087054
약정금
Text

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

Reasons

1. The following facts can be acknowledged in full view of Gap evidence No. 1, Eul evidence No. 2 (each note, the defendant's signature stated in the above note was forged, but considering the results of the written appraisal of appraiser D of the first instance trial and the whole purport of the pleadings, since the defendant's signature stated in the above note can be acknowledged as being by the defendant's writing, it can be presumed that the whole document's authenticity has been formed), Eul evidence No. 1, Eul evidence No. 2 (including each number), and the purport of the whole pleadings.

The defendant prepared and delivered to the plaintiff each letter (No. 2 of this case, hereinafter referred to as "each letter of this case") stating that "to ensure that at least 10,000 U.S. dollars shall be paid to the plaintiff on the basis of monthly living expenses, etc., and the above letter does not contain the date of preparation.

B. On the other hand, each of the instant reports stated that “the Defendant transferred part of the instant real estate owned by the Defendant, including the Seoul Seocho-gu E 346.2 square meters and its ground buildings (hereinafter “instant real estate”) to the Plaintiff and its children.”

C. Around August 5, 2005, the registration of ownership transfer was completed in the name of the Plaintiff or its children on the ground of donation. On April 25, 2006, the Defendant prepared a written pledge stating that “it does not interfere with the property donated to the Plaintiff, etc.” (hereinafter “instant written pledge”) and delivered it to the Plaintiff.

2. Determination as to the cause of claim

A. According to the above facts, the defendant prepared and delivered the letter of this case to the plaintiff and agreed to pay at least 10,000 U.S. dollars to the plaintiff for monthly living expenses (hereinafter "agreement on the payment of living expenses, etc. of this case"). Furthermore, at the same time as the agreement on the payment of living expenses, etc. of this case, the defendant shall make and deliver the letter of this case to the plaintiff and his children.

arrow