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(영문) 울산지방법원 2017.06.21 2016나3706
약정금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added at the trial is dismissed.

3. Costs of appeal.

Reasons

1. The parties' assertion

A. Plaintiff 1) The Defendant’s primary claim is Youngcheon-si C land (hereinafter “C land”).

D) The sale and purchase contract for the racing and the land for the land outside D and two parcels (hereinafter “D land”).

(1) The Plaintiff shall be paid to the Plaintiff not later than June 5, 2006 (hereinafter “instant agreement”) a total of KRW 21,000,000,000 for damages, etc. incurred by the Plaintiff due to the destruction of each of the above sales contracts (i.e., the part on D land of KRW 8,500,000).

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 21,00,000 as agreed upon under the instant agreement. Accordingly, the Defendant is obligated to pay the Plaintiff the amount of KRW 21,00,000. Accordingly, the Defendant is obligated to pay the Plaintiff the Plaintiff the Plaintiff the Plaintiff the Plaintiff’s written

(2) Although the plaintiff asserts that the agreement on the action was established, the plaintiff only runs away from the blank set forth by the defendant, and it did not sign and seal on the agreement stating the purport of the agreement on the action, and thus, it is not effective. Even if the agreement on the action is acknowledged, the above part on the land set forth in the agreement on D is limited to the part on the land set forth in the agreement, and thus the agreement on the land set forth in D is not effective. (2) In a case where the agreement on the action set forth in the agreement on the conjunctive claim of this case is recognized as effective, the agreement on the land set forth in D is not valid. (3),00,000,000 won for the land set forth in the agreement set forth in the agreement set forth in this case, the plaintiff loaned to the defendant on September 15, 2005, and paid KRW 16,900,500,000,0000, excluding the remaining amount of KRW 3,100,000.

B. Defendant 1) The Plaintiff and the Defendant on September 20, 2007 between the Plaintiff and the Defendant asserted as to the primary claim. The Defendant paid KRW 6,500,000 to the Plaintiff on the same day the agreed amount pursuant to the abovebuinium agreement. As such, the Plaintiff asserted as to the conjunctive claim against the instant claim against the Plaintiff, which is unlawful against the buinium agreement.

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