logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.06.04 2019나836
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. According to the ex officio determination on the legitimacy of an appeal for subsequent completion, the record reveals that the court of first instance served documents, such as a copy of the complaint, and the original copy of the judgment, by means of service by public notice, on the grounds that it is recognized that the defendant submitted a written appeal for subsequent completion on February 25, 2019, within two weeks from February 22, 2019, which became aware of the fact that the lawsuit in this case and the judgment of the court of first instance became final and conclusive. Thus, the defendant’s appeal for subsequent completion is

2. recognised facts;

A. From March 2010, the Plaintiff and the Defendant decided to operate a partnership for the resumption of mines using two mining rights, including the registration number G, located Gyeonggi-gun H, Gyeonggi-do H, mining land register C, mineral name mar, and mining rights with 271ha of the area owned by the Defendant. At the time of the above partnership, the Defendant needed to raise funds for the resumption of mines as mother and child, and the Defendant paid KRW 319 million to the Defendant at its expense until 2015, and the Defendant disbursed them as expenses for the resumption of mines.

B. On June 10, 2015, the Defendant entered into a contract on the transfer of the said C mining right to the F and two other persons at KRW 3.5 billion, and on September 14, 2015, the Defendant prepared a cash payment agreement (Evidence A2) stating that “The Plaintiff shall pay the Plaintiff KRW 300 million, including interest, KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

C. The Defendant received any balance from F around May 10, 2016.

[Ground of recognition] Each of Gap evidence Nos. 1 through 3 and 5 through 9 (the defendant alleged that Gap evidence No. 2 was prepared by the plaintiff's coercion, and thus cannot be admitted as evidence, but the testimony of the witness I of the trial court is insufficient to recognize it only, and there is no other evidence to acknowledge it) and the purport of the whole testimony and arguments of Gap's witness E.

3. Determination

A. According to the above facts of recognition, the defendant is another special group.

arrow