(영문) 의정부지방법원 2018.11.23 2018나200298

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(영문) 의정부지방법원 2018.11.23 2018나200298

정산합의금

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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. With respect to the claim by the Plaintiff seeking payment of KRW 18,124,817 and promotional subsidy of KRW 19,200 against the Defendant, the first instance court dismissed only the amount payable, KRW 13,124,817, out of the amount payable, and KRW 5,000,200 and promotional subsidy of KRW 19,200,00, among the amount payable, and only the Defendant appealed against the Defendant. As such, only 13,124,817, out of the amount payable, is subject to the final judgment.

2. The reasons for the acceptance of the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, except for the addition of the following, and thus, it is acceptable as it is in accordance with Article 420

3. Following the “statement 11” in paragraph 11 of the 6th part added, the references to “the testimony of the presiding judge D” shall be added.

6 Since the 6th page is without prejudice, it shall be amended as follows:

In full view of the purport of the arguments in Gap evidence No. 5 and the testimony of party witness D, it is difficult to accept: ① on June 23, 2016, when three months have elapsed since March 23, 2016, the defendant delayed the payment of only KRW 35 million, which is about 35% of the defendant, even though the last payment date stipulated in the first settlement agreement of this case was March 23, 2016; ② on the demand of the plaintiff to pay the outstanding amount on behalf of the plaintiff, the ground for the demand of the plaintiff was deep in conflict between the plaintiff and the defendant; ② on the other hand, it is difficult to accept that the plaintiff delayed the payment of approximately KRW 65% of the total amount promised above, without any specific condition, reduces the amount of KRW 13 million to the defendant who was delayed, ③ The plaintiff only collected ice "D or actually collected it," ③ The plaintiff was not authorized to grant reduction to the plaintiff and the defendant's basic opinion that he was not able to grant reduction of the outstanding amount to D.

참조조문

-민사소송법 제420조

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