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(영문) 서울남부지방법원 2020.10.29 2019나69023
전부금
Text

The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows: “Judgment on the Defendant’s assertion of the violation of the good faith principle among the defenses” and “contests” are added to the part as set forth in the first instance court’s judgment No. 6 and the part as set forth in the first instance court’s judgment, except for the following: (a) the first instance court’s reasoning is stated; and (b) the second instance court’s reasoning is stated in the first instance court’s judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The portion added (the defendant is liable to pay the entire amount of the instant case to the plaintiff, unless there is any assertion that C has offset the said obligation against the Defendant’s entire amount of the instant obligation, or there is no evidence to prove such offset)

3. Parts:

A. Of the Defendant’s defense, the Defendant alleged that the Plaintiff’s claim for the entire amount of money in this case was against the good faith principle or constitutes an abuse of rights. However, in light of the following various circumstances acknowledged by comprehensively taking account of the overall purport of pleadings, the Plaintiff’s representative at the time of the preparation of the instant notarial deed, and C’s representative was G, and C’s representative was G’s Ha, and C’s Ha was G’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

The defendant's above assertion is without merit.

① The content of the instant notarial deed is as follows: (a) KRW 100 million around November 2015; (b) KRW 20 million around September 2016; and (c) KRW 80 million on October 20, 2016.

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