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(영문) 광주지방법원 2020.08.21 2019나63040
약정금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, and such reasoning is identical to the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420

[Supplementary Use] Part 3 2-3 of the third page " July 201, 201" shall be added to " July 19, 201."

Part 4 "H" in Part 1 shall be added to "G".

The following shall be added to the fourth Schedule:

(j) On November 29, 2013, the Defendant paid the amount of KRW 3,00,000, KRW 3,000,000 on December 5, 2013, and KRW 2,263,920 on December 13, 2013, and KRW 8,263,920 on December 13, 2013 to the Korea Electric Power Corporation.

No. 6-7 of the 4th page "No. 1 to No. 2" has been written with "No. 1, 2, and 5".

The defendant from "the defendant" to "the defendant" in the fifth 7-8 shall be written in the following manner:

The Defendant did not have jointly and severally guaranteed the obligation against D based on the relevant final judgment, as alleged by the Plaintiff, and even if the Defendant jointly and severally guaranteed the obligation against D based on the relevant final judgment, the Plaintiff filed the instant lawsuit on April 3, 2019, which was five years after the due date set forth in the letter of claim for the instant payment, and the Plaintiff’s claim has expired prior to the filing of the instant lawsuit.

Therefore, the defendant cannot respond to the plaintiff's request.

The 5th parallels 9 to 6th parallels 18 shall be followed as follows:

3. Determination

A. The determination on the cause of a claim shall be objectively interpreted as the expression of intent of the parties in accordance with the terms and conditions indicated in the relevant disposal document, barring any special circumstance where the authenticity is acknowledged. In the event that there is a difference between the parties regarding the interpretation of a contract and the interpretation of the intent of the parties indicated in the disposal document is at issue, the content of the text, the motive and background of the agreement, the purpose to be achieved by the agreement, and the parties

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