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(영문) 대전지방법원 2016.09.08 2016나415
주유대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

Facts of recognition

This Court's explanation is identical to the corresponding part of the reasoning of the judgment of the court of first instance, except for the case where "a confirmation is made" under Paragraph 1 5 of Paragraph 1 and approval is made by no later than January 2015 (public disturbance). Thus, this Court cites it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

According to the above facts of determination as to the cause of claim for the suspension of the market, the defendant is deemed to have agreed to settle the unpaid oil amount of KRW 60,000,000 with the plaintiff and pay it until December 31, 2015. Therefore, it is reasonable to deem that the defendant has agreed to pay the unpaid oil amount of KRW 60,000 to the plaintiff by December 31, 2015 (it is reasonable to deem that the remaining amount has been due only for 2015 years, and there is no specific month, day, day, and December 31, 2015) and the following day of the due date for payment to the plaintiff from January 1, 2016 to January 1, 206, which is a considerable amount of dispute as to the existence or scope of the obligation to pay the amount by 6% per annum under the Commercial Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

As to the Defendant’s assertion, such as the defect in declaration of intention to determine the Defendant’s assertion, in preparing the instant confirmation document, the Defendant did not complete the document, such as having the new credit information company’s employee, who is the Plaintiff’s agent, as the amount would not meet the amount, and having the due date deposited.

The above employees at the time asserted to the effect that they were not effective since they were settled as above by using the defendant's secret concern.

As seen earlier, the fact that the Defendant prepared the instant confirmation document and did not enter it in the official space with the month and date of maturity. However, the instant confirmation document is written by the Defendant’s voluntary will in light of the fact that the Defendant written and signed the document in his own pen.

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