(영문) 서울남부지방법원 2016.03.17 2015나6406

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(영문) 서울남부지방법원 2016.03.17 2015나6406

약정금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning for this court's explanation is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments, and it is citing it as it is by the text of Article 420 of the Civil Procedure Act.

[Supplementary Parts]

A. As to the cash custody certificate of this case, the Defendant issued a promissory note with a face value of KRW 40 million to the Plaintiff at the time after the Plaintiff was unable to receive the resale price for the event operation department H. The Defendant issued a promissory note with a face value of KRW 7, 200,000 to the Plaintiff. Meanwhile, on December 7, 2013, the date the cash custody certificate of this case was prepared and issued to the Plaintiff, and the Defendant was issued with a power of attorney (Evidence B) delegated by the Plaintiff with all of the powers in relation to the fors sales contract. The cash custody certificate of this case prepared and issued by the Defendant means that the Defendant would return the amount to the Plaintiff if the Defendant were to recover a promissory note from the Plaintiff upon delegation by the Plaintiff. Accordingly, the Defendant is conditional legal act with the condition that the Defendant would recover the amount of the promissory note from I. As long as the Defendant did not actually recover the amount.

On December 7, 2013, as alleged by the defendant, the defendant issued a letter of delegation (Evidence No. 3) with respect to the establishment of a license sales contract from the plaintiff on December 7, 2013, the same day as the date on which the defendant delivered the certificate of cash custody of this case to the plaintiff as alleged by the defendant. However, the cash custody certificate (Evidence No. 3) of this case, which is a disposal document, contains only the statement that "the defendant redeems the plaintiff by December 27, 2013, and bears civil and criminal responsibility if it is not possible to repay it to the plaintiff," and the statement No. 2, No. 3, 5, and 8 are written only on April 4, 200.

참조조문

-민사소송법 제420조

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