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(영문) 부산지방법원 2020.12.10 2020나52870
약정금
Text

The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.The reduction of claims by this court.

Reasons

With respect to the judgment on the defense before the draft of this case, when the plaintiff acquired the claim for the agreed remuneration under the delegation contract entered into between C and the defendant and sought the payment of the amount to the defendant, the defendant asserts that although C entered into a delegation contract with 100 parties including the defendant, it would be an intentional act to achieve the purpose of the lawsuit by causing excessive pain to both parties including the defendant and the other party, and that the lawsuit was brought by 100 separate lawsuit against each party, without filing any lawsuit against all the parties, is an intentional act to achieve the purpose of the lawsuit by causing excessive pain, such as imposing excessive cost of litigation on the other parties including the defendant, etc., and that the issue is to be recognized through minor decomposition even if the value of the whole subject matter of lawsuit is equivalent to 1.6 billion won,

However, the circumstance that the defendant entered into a delegation contract with many parties does not necessarily require a single lawsuit with all the parties as co-defendants. Thus, the prior defense of the prior defendant is without merit.

2. Facts of recognition;

A. G Co., Ltd. (hereinafter “G”) operated by E, F, etc., including the sale of D buildings and the conclusion of the Defendant’s sales contract

(D) From May 2016, the captain of Busan District Office D (hereinafter “D”) from May 2016.

) H Co., Ltd. (hereinafter “H”) is proceeding with the enforcement and sale of shares.

(2) On March 15, 2017, the Defendant concluded a sales contract (hereinafter “sale contract in this case”) with H, with respect to the subparagraph of D building 1, which was set forth in the sales contract with H as a trustee, with the aggregate of KRW 358,450,00 in total, KRW 35,845,00 in down payment, KRW 35,845,00 in the first or fifth intermediate payment, KRW 35,845,00 in each of the 35,845,00 in the first or fifth intermediate payment, and the balance of KRW 143,380,00 in each of the remaining intermediate payment (hereinafter “instant sales contract”).

The defendant shall make the down payment, the first to five vehicles.

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