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(영문) 대전고등법원(청주) 2020.09.15 2019나2248
약정금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

The defendant.

Reasons

1. 기초 사실 이 법원이 이 부분에서 설시할 이유는 제1심판결문 제3면 제2행의 “�는”을 “때는”으로 고쳐 쓰는 것 외에는 제1심판결 이유 제1항 기재와 같으므로 민사소송법 제420조 본문에 따라 그대로 인용한다.

An abbreviationd name established in the judgment of the first instance is also used below the same.

2. The court's reasoning of this part concerning the cause of the claim is as stated in Paragraph 2 of the judgment of the court of first instance, and thus, citing it as it is in accordance with Article 420 of the Civil Procedure Act.

3. Judgment on the defendant's defense

A. The reasons why the court should explain this part of the claim for reimbursement of the money as stated in paragraph (1) of the letter dated October 4, 2016 (hereinafter “each letter of this case”) are as follows: “The part for which the period during which the payment has become due is due is KRW 90,000,000,000,000 (the part for which the period has become due is 90,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,000,00).

Since it is the same as the statement in the claim, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The reasoning of the judgment of the court of first instance is as follows: (a) the agreement on December 7, 2017 with respect to the money stated in paragraph (2) of the instant letter and the court’s assertion of reimbursement in this part is without merit.

Since it is the same as the statement in the paragraph, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

C. 300 million won, which the Defendant agreed to pay pursuant to Article 2(2) of the letter of each of the instant cases, to be paid by the Defendant pursuant to Article 2(2) of the non-performance of the terms and conditions of the money as stated in paragraph (2) of the instant letter of each of the instant case

subject to the completion of the land development project.

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