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(영문) 광주고등법원 (전주) 2021.03.25 2019나79
약정금
Text

The order of the first instance judgment, including the plaintiff's claim added by this Court, shall be modified as follows:

(a)..

Reasons

1. The reasons for this part of the underlying facts are as stated in Paragraph 1 of the reasoning of the judgment of the first instance except for the use of the following contents by the court. As such, this part of the reasoning is as follows: (a) cites it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act (including the abbreviations). A approximately KRW 30 million “31 million” of the judgment of the first instance court in the second 8 parallels of the judgment of the first instance is written.

The 3rd 14th 14th son of the first instance judgment shall be changed to “nurging”.

The 540,000 won "540,000 won" in the 19th 19 parallel (4 parallels at the bottom) judgment of the first instance court shall be written "540,000 won".

Section 4 of the first instance court's decision's 'B evidence 3' shall be deleted.

2. Determination

A. According to the above findings of determination as to the claim cause, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the settlement amount of KRW 138,239,169 and delayed damages.

However, following the settlement agreement of this case, the Plaintiff received ownership of N among the 35th square loan of this case from the Defendant in the future G, the spouse, and received reimbursement of KRW 61.4 million [the amount calculated by deducting the amount of secured debt of the right to collateral security established with respect to the above real estate from the value of KRW 150,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,0000,000,000 won) from the Defendant.

2) The defendant's defense of additional repayment (A) The plaintiff asserted in the first instance court that the plaintiff was paid 30 million won by setting up a collateral security of the maximum amount of the claim amount of 36 million won in G name with respect to the land owned by the O (hereinafter referred to as "land of this case") and the building on the ground of the land of this case at the first instance court, and on February 6, 2020, the plaintiff was paid 30 million won.

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