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(영문) 서울고등법원(춘천) 2016.07.06 2016나221
약정금
Text

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. The court's explanation of this case is identical to the grounds for the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Defendant asserts that the objective meaning of the language and text is not clearly indicated in the evidence Nos. 2 (Performance Agreement) and that when considering the party’s purpose, true intent, etc., the agreement of this case is merely the discontinuance of construction unless the defendant pays the above amount from L, etc., not only the meaning that the defendant should pay it, but also the content that the construction will be discontinued. However, the evidence No. 2 of this case stipulates that “amount: 165 million won, and 30 million won out of the above amount shall be paid by June 5, 2012, and 30 million won shall be paid by June 25, 2012, and the balance shall not be paid by July 24, 2012, and it shall not be accepted as the defendant’s decision on the grounds that the defendant’s appeal or appeal is justifiable in light of the motive and circumstances acknowledged in the agreement.

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