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(영문) 서울고등법원 2020.05.07 2019나2038633
약정금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

Facts of recognition

The reasons to be stated in this part are the same as “1. Facts recognized” in the reasoning of the judgment of the court of first instance, and such reasoning is cited as it is, in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The grounds for this court’s assertion are as follows, and the relevant part of the judgment of the court of first instance is identical to the corresponding part of the judgment of the court of first instance, and thus, the same is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The 6th parallel 20 to 7th parallel 6th parallel 20 to 7th parallel 3th parallel:

“A) The Plaintiff and F disclosed the contents of the first agreement to the members of the instant association, but the second agreement was not made public to the members of the instant association as a side agreement to gain personal benefits. The second agreement is null and void in violation of Article 103 of the Civil Act, since the Plaintiff and F were not aware of the instant association, and the second agreement is a breach of trust to receive a total of KRW 1.2 billion from the Defendants, and thus, it is null and void in violation of Article 103 of the Civil Act.

Judgment

The decision-making of the defendants' prior defense on the merits is that the parties to the lawsuit have the effect of the important litigation law, such as the waiver of the right to trial guaranteed by the Constitution.

As such, when interpreting the intent of the parties to the procedural acts whose interests conflict significantly depending on the existence of the agreement, if the content of the text indicated is unclear, there may be conflicting arguments regarding the interpretation of the parties, and furthermore, it is unclear whether the objective and reasonable interpretation of the parties’ intentions and the act expressed externally are made in consideration of the parties’ intentions, from the passive point of view as much as possible.

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