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(영문) 대법원 2013.04.11 2012다116376
매매대금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Based on its stated reasoning, the lower court determined that, although the instant sales amount was KRW 430 million, the Defendant paid to D, an agent of the Plaintiff, the sales amount of KRW 24 million (=430 million - the Defendant directly paid to the Plaintiff - the amount of KRW 200 million paid to the Plaintiff - the Defendant’s direct payment of KRW 26 million), all of the Defendant’s obligation to pay the sales amount to the Plaintiff was extinguished.

In light of the records, the above judgment of the court below is just and acceptable, and contrary to the allegations in the grounds of appeal, there are no errors of misapprehending the legal principles as to the interpretation of a contract or the granting of the power of representation, misunderstanding of facts without any evidence, or exceeding the bounds of the principle of free evaluation of evidence, or failing to exhaust all deliberations.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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