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(영문) 부산지방법원 2015.11.27 2015나46680
약정금
Text

1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal are assessed against the defendant (appointed party) and the appointed party, respectively.

Reasons

1. The reasoning for the court’s explanation as to this case is that the defendant’s statement No. 21 submitted to the court of first instance is insufficient to admit the defendant’s assertion. The part of the 6th written judgment of the court of first instance is identical to the part of the reasons for the judgment of the court of first instance except where the part of the 6th written judgment “the claim for mutual aid” is written as follows. Thus, it is acceptable in accordance with Article 420 of the Civil Procedure Act.

【Supplementary Use】

E. The Defendants asserted that the amount of KRW 47 million paid to F should be deducted from the Plaintiff’s claim amount even if the claim for the agreed amount is accepted. Inasmuch as the Plaintiff is a person who falls under 1/2 of the above amount, the remaining amount of KRW 23.5 million should be deducted from the Plaintiff’s claim amount. In light of each of the evidence Nos. 19, 19, and 15, 16, the entirety of the arguments were presented. In order to obtain a successful bid for movable property owned by the Plaintiff in Busan District Court 2014No. 2891, the Plaintiff and the Defendant agreed to jointly pay part of the auction amount to the Plaintiff and the Defendant, and the Defendant’s obligation to recover KRW 23.5 million from the Plaintiff’s claim amount to the Plaintiff, which is part of the above amount, shall not exceed KRW 3.5 million from the Plaintiff’s claim amount to the Plaintiff.

The following circumstances, i.e., the Defendant, taking into account the descriptions of No. 6 and the overall purport of the arguments.

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