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(영문) 서울북부지방법원 2020.09.09 2019나38312
해약금 등
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance shows all the evidence additionally submitted to this court, the fact-finding and judgment of the court of first instance are justified.

Therefore, the reasoning of the judgment of this court is as follows, except for the dismissal as follows, and therefore, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act. This part of the judgment of the court of first instance is from No. 9 to No. 7.

Around October 18, 2016, the Plaintiff and F reached an agreement between the Plaintiff and F to return KRW 120,000,000, out of the sale price of the instant dispute to the Plaintiff directly, and the Defendant did not raise any objection thereto. Accordingly, the Defendant’s obligation under the instant resale agreement was extinguished. The Defendant’s obligation under the instant resale agreement is as follows: (i) whether the Defendant’s obligation is extinguished in accordance with the letter of agreement, etc. (i) around November 23, 2015; and (ii) “F recovered H and I from the instant dispute real estate and sold KRW 20,00,000 per household; and this is based on the premise that the instant basic exchange contract concluded between the Defendant and F is fulfilled at the time of sale and purchase of the goods and the Plaintiff’s certificate of confirmation that the ownership should be performed normally at the time of sale and purchase (the certificate and sale).”

(2) On October 18, 2016, the Defendant drafted a letter of agreement stating that “the Defendant shall not raise any objection against the return of KRW 120,000,000,000 that it received from the Plaintiff pursuant to the instant resale contract to the Plaintiff instead of the Plaintiff” (Evidence 1). At the bottom of the said letter of agreement, the Defendant stated that “the broker of the instant resale contract is a person who has arranged the instant resale contract. If the deposit of the said money is confirmed, the Defendant shall deposit KRW 5,00,000 to the Defendant.”

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