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(영문) 대법원 2018.10.04 2015다221682
약정금 등
Text

All appeals are dismissed.

The costs of appeal between the Plaintiff and Defendant B are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. Determination on Defendant C’s grounds of appeal

A. As to the ground of appeal No. 1, the lower court, based on its reasoning, determined that the agreement between the Plaintiff, D previous group, and Defendants on the fourth party signature was concluded.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above determination by the court below is just and it did not err by misapprehending the legal principles on the formation of a contract, etc.

B. According to the reasoning of the lower judgment regarding the grounds of appeal Nos. 2 and 3, the lower court determined that Defendant C was liable to compensate for the damages, on the premise that Defendant C was liable to withdraw the provisional seizure of this case on the claim of USD 250,000,00,00, which Defendant C had against the above agreement, to the Defendant Company B (hereinafter “Defendant Gu”) by agreement on the fourth party signature.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the judgment of the court below is acceptable. In so doing, the court below did not err by misapprehending the legal principles as to the violation of the principle of pleading on the interpretation of disposal documents, the reason and contradiction, the interpretation of terms and conditions

2. According to the reasoning of the lower judgment on the Plaintiff’s grounds of appeal, the lower court rejected the Plaintiff’s assertion on the Defendant’s part, on the ground that the Defendant’s obligation to pay USD 170,00 to the Plaintiff by agreement on the signature of the fourth party of this case was not fulfilled as the condition of suspension that “the Defendant C withdraws the provisional attachment of this case.”

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court’s aforementioned determination.

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