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(영문) 서울고등법원 2016.05.17 2015나2042122
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

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the portion added to the following:

2. On the 13th anniversary of the judgment of the first instance, the addition shall add the following:

“The Plaintiff asserted that the instant agreement was concluded to the effect that the Defendant, who asserted the claim for construction cost against Chhhhhhhhhhhhhhhhhhhhhhh, did not receive reimbursement of the said claim with Chhhhhhhhhhhhhhhh, would yield a mutual concession for the prompt and smooth recovery of claims. However, the Plaintiff’s assertion itself does not provide reasonable grounds for the Defendant, who asserted the claim for construction cost against Chhhhhhhhhhhhn, to pay the Plaintiff the amount claimed as the obligee against Chhhhhhhhhhhhhh, and rather, according to each of the above evidence, the Plaintiff concluded the instant agreement with Qhhhhhhhh, the buyer of the instant real estate, to collect the construction cost and to pay the price under the condition to solve the problem of lien. As long as the instant agreement was null and void as it paid the price for handling legal affairs as above, regardless of whether the Plaintiff had claims against Chhhhhnhnhnhn

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is justified with this conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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