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(영문) 서울고등법원 2017.02.16 2016나2033279
합의금
Text

1. All appeals filed by the plaintiff and defendant B are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. A. Around May 2007, the Plaintiff filed a complaint against Defendant B with fraud and larceny. In return for the cancellation of the above complaint, the Plaintiff entered into an agreement with Defendant B to receive KRW 200 million from Defendant B as agreed money (hereinafter “instant agreement”) (hereinafter “instant agreement”), and revoked the said complaint against B.

B. On October 16, 2007, Defendant C issued to the Plaintiff, as the general partner of a limited partnership D (hereinafter “D”), a notarial deed as to each of the above notarial notes (hereinafter “notarial deed of this case”) in the capacity of a general partner and agent of D on October 18, 2007, with the date of payment as of November 16, 2007, and the date of payment as of January 16, 2008, and with a promissory note with a face value of KRW 100 million (hereinafter “second promissory note”; and on October 18, 2007, the notarial deed as to each of the above notarial notes (hereinafter “each of the notarial deeds”).

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 3 (including a provisional number, unless otherwise specified; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Defendant B is obligated to pay the instant agreed amount to the Plaintiff according to the instant agreement.

Defendant C is liable to pay the amount of the instant agreement to the Plaintiff as a joint and several surety, in light of the fact that Defendant C is an employee of the company operated by Defendant B and was in charge of the actual arbitration during the process of the instant agreement and was issued each of

B. However, since Defendant B paid KRW 87.7 million to the Plaintiff after the instant agreement, the Defendants jointly and severally agreed with the Plaintiff as to the remaining KRW 112.3 million and its KRW 12.3 million from November 17, 2007, and from January 17, 2007, from the date following the payment date of the first promissory note, for KRW 100 million, a copy of the instant complaint from January 17, 2008, respectively.

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