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(영문) 서울고등법원 2015.07.07 2014나2033848
약정금
Text

1. The Plaintiff’s appeal against the Defendants and the selective claim against Defendant C added at the trial.

Reasons

1. The reasoning for this part of this Court is that, except for the change of “Defendant D” to “D,” the corresponding part of the judgment of the first instance (section 2, 15, 5, and 7) is the same as that of the corresponding part of the judgment of the first instance. Accordingly, this Court shall accept it as it is in accordance with the main sentence of Article 4

2. Summary of the plaintiff's ground of claim

A. (1) Defendant B was obligated to pay to the Plaintiff 12,830,000 won, after deducting 12,290,000 won from 143,120,000 won from 143,120,000 won of the remaining principal and interest under the repayment plan 2, and 30% interest interest per annum from 130,830,000 won from 130,830,000 won from 130,000 won from 11,50,000 won from 11,50,00,000 won paid to the Plaintiff. Accordingly, Defendant B is obligated to pay to the Plaintiff the amount as stated in the purport of the claim to the Plaintiff (a conjunctive tort or default of obligation) and the Plaintiff had the intent or ability to pay damages to the Plaintiff as if she did not have the intent or ability to pay the principal to the Plaintiff, and the Plaintiff had the same intent or ability to pay 80,000 won to the Plaintiff.

As such, since Defendant B did not perform its obligation to pay the money under the instant agreement, the Plaintiff is obligated to cancel the instant agreement, and Defendant B is obligated to pay the money claimed to the Plaintiff as compensation equivalent to the performance profit.

B. 1) The Defendant Company’s primary claim against the Defendant Company (such as the agreed amount) is the representative director.

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