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(영문) 서울고등법원(춘천) 2015.04.01 2014나1305
약정금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. The reasons for admitting the judgment of the court of first instance are as stated in the part of the reasons for the judgment of the court of first instance, i.e., the only addition of the judgment as set forth in paragraph (2) below, thereby citing it pursuant to the main sentence of Article 420

2. Additional determination

A. As to the claim on invalidity of the statement of performance of this case, the defendant asserted that the statement of performance of this case is null and void since the defendant did not confirm the obligation subject to the execution at the time of the preparation of the statement of performance of this case, it is not possible to conclude that the statement of performance of this case is void because it is not possible to accept the future obligation that has not been confirmed. Thus, even if the future obligation that has not occurred at the time of assumption of obligation exists and its contents are clear, it is also possible to take over the future obligation that will occur in a certain transaction, and it is also possible to take over the obligations of the H hospital comprehensively from the plaintiff to the foundation of this case. As seen above, the letter of performance of this case aims to take over the obligations of the H hospital in the process of taking over the H hospital by the defendant, Eul, etc. from the plaintiff, and it is jointly assumed by the defendant as to the part to be taken over by G, and actually prepared a notarial deed on the amount of obligation of the H hospital and its payment method within one month after the date of execution statement of this case.

Therefore, the acceptance is valid.

The defendant's above assertion is without merit.

B. The defendant's judgment on the assertion of false declaration of intention by conspiracy and deception is revoked since the defendant in collusion with G and actually prepares a false statement without the intent to bear the obligation pursuant to the letter of performance of this case. Thus, it constitutes a false representation of conspiracy and thus becomes invalid or G prepares a false statement of intent by deceiving the defendant.

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