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(영문) 서울고등법원 2018.09.21 2018나2013637
기타(금전)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for this Court’s acceptance of the judgment of the court of first instance are as follows, given that the reasons for this case are identical to the reasons for the judgment of the court of first instance except for partial revision as follows. Thus, this is acceptable in accordance with the main sentence of

o No. 5 of the judgment of the first instance court, "the plaintiff asserts that "the above agreement is a provision concerning the determination of the amount of damages in preparation for the case where one of the parties unilaterally reverse the same business. However, in the automobile sales agency contract concluded between the defendant and the two vehicles, the sales power granted by the two vehicles cannot be operated as a partnership with a third party without prior written consent. Both vehicles notified the defendant of the improvement of the type of partnership business, and thereafter, they sent content-certified mail to close the agency if the certificate following the termination of the existing type of partnership business is not submitted, so the agreement of this case also seems to have been reversed, that is, it is difficult to say that the agreement of this case was reversed due to a unilateral cause attributable to the defendant's default."

o No. 6 of the judgment of the first instance court, “Insufficient” and “Bal” are added to “(the Defendant is merely an investment of KRW 10 million on the part of the Plaintiff, but it is argued that the said money was already invested and extinguished at the time of the establishment of the C Office in May 2005.”

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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