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(영문) 수원지방법원 2016.03.04 2015나27757
약정금
Text

1. Of the judgment of the court of first instance, the part against Defendant B ordering payment in excess of the amount ordered below.

Reasons

1. Basic facts

A. The Plaintiff operates a miscellaneous retail store (hereinafter “Plaintiff retail store”) with the trade name “G” on the first floor of the F building located in Suwon-si, Suwon-si and one parcel. Defendant B leased a store located on the second floor of the Plaintiff retail store from Defendant C, and operates the e-mail center (hereinafter “Defendant e-mail”).

Each letter has caused damage to and discarded goods of an amount equivalent to KRW 8 million at the market price, such as tobacco, tights, sugars, other factorings, and futures set up at the Plaintiff retail store due to the negligence of each letter. Each letter promises again to pay damages (no dispute over the details of damage) (no dispute exists) and two times in total, including KRW 300,000,000, and KRW 700,000,000,000,000,000 won, and then confirms that the remaining amount of debt is KRW 7 million.

In addition, if the same day occurs twice again in the future, I agree to prohibit the reasons and bear all civil, criminal and administrative responsibilities.

In other words, when a water leakage phenomenon occurs, the remaining debt amount of 7 million won shall be charged with all liabilities due to water leakage at the same time as compensation.

In addition, it is necessary to move and install water pipes and sewerage pipes to different places so that water leakage can not occur, and at the same time, install a block so that water can be prevented from getting on and flowing down a tent.

B. At around December 2004, rubber strawing of the hot water machine used by Defendant Lee E-heading, water leakage, water leakage was generated, and the goods of Plaintiff retail store were stored in water water out of the ceiling of Plaintiff retail store. Defendant B paid the Plaintiff the amount of KRW 1 million with the amount of damage repayment, and on December 27, 2004, written a statement of performance (hereinafter “instant performance statement”) with the following content.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 and 5 (including the number of branch numbers).

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