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(영문) 서울고등법원 2017.03.24 2016나2050977
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

purport.

Reasons

1. The facts below the facts of recognition are either in dispute between the parties or in accordance with Gap evidence Nos. 1 and 2, together with the purport of the entire pleadings.

On December 27, 2012, the Plaintiff transferred USD 200,000 to the “C” account, a company located in the Republic of Donan (hereinafter “C”) designated by the Defendant, from the “Dcom” account (D Co., Ltd.; hereinafter “D”), a company located in the Republic of Donan (hereinafter “C”), but failed to receive the long language.

On November 2, 2013, the Defendant promised to repay to the Plaintiff the amount of US$200,000 ($1,079 won/$215,800,000 at the time of exchange rate, KRW 1,079/$215,800,00) in cash or equivalent goods to the Plaintiff in Korea by June 2, 2014. The Defendant promised to provide the Plaintiff with cash or goods in July 2014 when the amount of money would not be recovered by the end of June, 2014.

The Plaintiff was unable to recover the long language or cash from the date of the completion of the argument in this case after the preparation of the instant agreement.

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff KRW 215,800,000 and delay damages therefor, pursuant to the agreement dated November 2, 2013.

3. Judgment on the defendant's assertion and defense

A. (1) Determination on the argument that the Defendant agreed with D, not the Defendant, (1) the Defendant introduced C to the Plaintiff at the Plaintiff’s request, and the transaction that forms the basis for the preparation of the instant agreement was conducted between C and D. Therefore, the “Plaintiff” as stipulated in the instant agreement refers to not only the Plaintiff but also the Plaintiff as the Plaintiff’s agent.

Therefore, the defendant cannot respond to the plaintiff's individual claims.

(2) According to the above facts of recognition, this case is examined.

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