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(영문) 대구지방법원 2020.09.16 2019나303948
약정금
Text

All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim claim filed by this court are dismissed.

Appeal costs and costs of appeal.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

A. On October 8, 2018, the Defendant purchased all of the scrap metal and machinery (hereinafter “instant scrap metal”) in a factory located in W at Port D at Port from C on October 8, 2018. Of them, the KRW 150 million was paid by October 9, 2018, and the remainder KRW 90 million was paid by October 20, 2018, and the removal of the instant scrap metal was agreed to start from October 10, 2018.

B. The Defendant, as agreed on October 9, 2018, remitted KRW 150 million to E’s account designated by C as such.

C. On October 10, 2018, the Defendant’s husband claimed that the instant scrap metal was delegated with all of the instant scrap metal in lieu of the Plaintiff’s claim amounting to KRW 85 million against E, and prevented the Plaintiff from taking out the said scrap metal.

around October 2018, the Defendant prepared a written agreement between the Plaintiff and the Plaintiff to pay KRW 25 million on behalf of the Defendant out of the Plaintiff’s debt to the Plaintiff, and signed and sealed by the original Defendant, respectively.

(hereinafter “instant agreement”) e.

According to the instant agreement, the Defendant remitted KRW 10 million to the Plaintiff on October 18, 2018, according to the instant agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 and 4, the purport of the whole pleadings

2. Determination on the main claim

A. The summary of the Plaintiff’s assertion is that the Defendant shall pay to the Plaintiff KRW 15 million and delay damages incurred therefrom, which are payable to the Plaintiff according to the agreement of the instant case.

B. In a case where the authenticity of the judgment document is recognized, the existence of a legal act that forms the content of the declaration of intent expressed in the document must be recognized unless there are special circumstances that allow the denial of the existence and content of the declaration of intent expressed in the document.

(See Supreme Court Decision 89Meu16505 delivered on March 23, 1990, etc.). The fact that the agreement between the Plaintiff and the Defendant was reached is as seen earlier. Thus, barring any special circumstance, the Defendant is subject to the agreement of this case by the Plaintiff.

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