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(영문) 청주지방법원 2018.07.11 2018나5172
약정금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for the judgment that the court should explain this part of the facts of recognition are as follows: the "C money" of Part 2, Part 18 of the judgment of the court of first instance (hereinafter "C money") shall be deemed as "C money for the custody of the above 15 million won"; the "2, 20, 21 to 21 (hereinafter "the contract entered into between the plaintiff and the defendant; hereinafter "the agreement of this case") shall be deemed as "Woo (hereinafter "each of this case") was prepared and sent to the plaintiff"; the "Agreement of this case" of Part 3, 6 shall be deemed as "Preparation of the letter of this case"; the "No. 2, 2610" shall be deemed as "No. 14 of the judgment of the court of second instance (Cheongju District Court No. 2012Gahap2610; hereinafter "No. 2, 2014")" shall be deemed as "No. 2, 3010 of the judgment of the court of this case" (hereinafter "No. 2, 2014 of this case").

2. The parties' assertion

A. The Plaintiff’s assertion 1) At the time of the preparation of the instant statement, the Plaintiff had a claim equivalent to KRW 15 million due to embezzlement of C’s custody money, and KRW 10,976,490 due to monetary transaction with the Defendant (i.e., KRW 9,202,60, which was remitted to the Defendant from the Plaintiff’s account under the Plaintiff’s name to the Defendant in the name of J amounting to KRW 3,731,590, the Defendant’s card use amounting to KRW 12,760,00, KRW 12,760,000, which the Defendant remitted to the Plaintiff’s account under the Plaintiff’s name - KRW 12,300,000, which the Defendant remitted to the J account under the Plaintiff’s name - KRW 13,000,000). However, the amount of the Plaintiff’s damage claim through each of the instant statement is KRW 15,500,000.

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