(영문) 서울고등법원 2017.10.25 2017나2015971

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 서울고등법원 2017.10.25 2017나2015971

약정금

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1. 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 of the judgment of the court of first instance cited in this judgment is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for a partial different conclusion, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. Of the reasoning of the judgment of the court of first instance, Paragraph 3 shall be dismissed as follows.

3. Determination on the cause of the claim

A. In light of the following circumstances, there is no dispute over the facts acknowledged prior to the meaning of Article 3 of the Special Agreement on the Sales Contract of this case, the entry of the evidence Nos. 1 and 14, and the testimony and the purport of the whole pleadings by the witness H of the party concerned, Article 3 of the Special Agreement on the Sales Contract of this case, in principle, shall be paid KRW 2 billion to the Plaintiff after the Defendant disposed of each of the real estate of this case, and where the amount obtained by deducting “necessary expenses, taxes and public charges” from the proceeds of disposal of each of the real estate of this case falls short of KRW 2 billion, it is reasonable to view that the above “necessary expenses, taxes and public charges” means expenses or taxes inevitably paid by the Defendant in the course of purchasing and selling each of the real estate of this case.

① The draft contract prepared in the course of the conclusion of the instant sales contract stating that “the Defendant shall purchase each of the instant real estate from the Plaintiff in the amount of KRW 14 billion, but the remaining KRW 12 billion shall be paid in the name of the down payment and the balance, and the remaining KRW 2 billion shall be paid later.” However, there was a problem that the Defendant is liable to pay the said amount at any time when the Plaintiff claims the payment.”

(2) G shall have the president of a certified judicial scrivener office as follows:

참조조문

-민사소송법 제420조

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