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(영문) 부산고등법원(창원) 2019.12.12 2019나11923
약정금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of the instant case is as follows, and the reasoning for the judgment of the court of first instance is as stated in the reasoning of the judgment, except for the addition of the determination of the Plaintiff’s assertion made in this court as set forth in paragraph (3) below, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. The height of the part of the first instance court's fourth 7 pages "No. 9, 10, 11 of the judgment of the first instance court" shall be "No. 9, 10, 11, 14 of the judgment of the first instance."

At the sixth bottom of the judgment of the first instance, the following shall be added:

Even based on the records of achievements (No. 14-1) prepared and managed by the Plaintiff and the detailed records of the achievement of the original branch of the original branch of the original branch of the original branch of the original branch of the original branch of the original branch of the original branch of the original branch of the original branch of the original branch of the original branch of the original branch of the original branch of the original branch of the original branch of the original branch of the original branch

According to this, until March 2015, the plaintiff neglected to pay fees under the contract of the branch office with each of the heads of the branch offices, the business of soliciting insurance, etc. under the contract of the branch offices of this case was continued.

A person shall be appointed.

3. Additional determination

A. The plaintiff's assertion that the contract of this case between the defendant and E is not explicitly consented to.

After the conclusion of the instant branch contract, the Defendant completed the registration of the establishment of a mortgage on the real estate owned by the mortgagee C Co., Ltd, the debtor, the maximum debt amount of KRW 50,000,000. However, even after the expiration of the instant branch contract, the establishment of a mortgage on the said real estate still maintained even

In light of these circumstances, the acceptance agreement between the defendant and E on the branch contract of this case is an overlapping contract acceptance agreement between the defendant and E as a party to the contract of this case.

Therefore, as the Defendant maintains the status of a party to the instant branch contract, it is obligated to pay KRW 135,279,212 to the Plaintiff, 50,58,425 won, which is 50% of 50% pursuant to the instant restitution clause.

(b) judgment;

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