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(영문) 전주지방법원 2019.10.24 2018나4782
합의금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On April 11, 2013, the Plaintiff assaulted C with a monetary issue.

(hereinafter “Assault case”). (b)

Since then, the defendant, in the course of arbitration of the agreement between the plaintiff and C with respect to the above assault case, is called "written rejection of the payment in this case", stating that "the payment of 50 million won shall be made by June 30, 2013" on April 30, 2013.

The Plaintiff prepared and delivered the instant payment note to the Plaintiff, and the respective forms of the instant payment note are written with the names of the Defendant and D. [The fact that there is no dispute over the grounds for recognition, the entry of Gap evidence No. 1, and the purport of the entire pleadings]

2. Determination

A. 1) The Plaintiff’s assertion is based on an agreement between the Plaintiff and the Plaintiff to pay KRW 50 million as stated in the instant written statement of payment, by June 30, 2013. As such, the Defendant is obligated to pay the Plaintiff the agreed amount of KRW 50 million and delay damages therefrom. 2) As long as the written disposition document is deemed to be genuine, the court should recognize the existence and content of the expression of intent as stated in the written disposition document unless there is any clear and acceptable evidence to deny the entries therein. In the event the interpretation of the intent of the parties indicated in the written disposition is at issue, the court should comprehensively consider the contents of the text, motive and circumstance of the agreement, the purpose to achieve the agreement, the parties’ genuine intent, etc., and interpret it reasonably in accordance with logical and empirical rules (see, e.g., Supreme Court Decisions 2008Da4610, Jul. 23, 2009; 2014Da52814, May 27, 2016).

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