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(영문) 서울고등법원 2016.06.24 2015나2060809
약정금
Text

1. The plaintiff's incidental appeal and the defendant's appeal are all dismissed.

2. The appeal costs between the Plaintiff and the Defendant.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for adding the following contents to the 9th 20th 20th 20th s of the judgment of the first instance, and therefore, it is identical to the part against the defendant in the reasoning of the judgment of the first instance. Thus, it is acceptable in accordance with the main sentence of Article

2. As to the additional portion, the defendant asserts to the effect that even if the additional portion constitutes an indefinite term, the obligor is liable for delay from the time when the obligor became aware that the time limit for the obligations due to an indefinite term has arrived, and that there is no evidence to deem that the defendant knew that the time limit for the above agreed term has arrived.

However, it is reasonable to view that the Defendant, at least on the date of the closing of argument in the first instance court where it can be deemed that the period during which the obligation to pay the agreed amount arrives, without making sufficient efforts to sell the real estate of this case, even though the period of 14 years or more from the date of the preparation of the letter of request for payment of this case and the period of 14 years or more from the date of the completion of argument in the first instance court. In full view of the Plaintiff’s lawsuit, the Defendant actively asserted that the instant letter of request for payment of the agreed amount was not the due date, but the terms and conditions are not the due date.

The defendant's above assertion cannot be accepted.

3. As such, the plaintiff's claim against the defendant is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. Since the part against the defendant in the judgment of the court of first instance is just in conclusion, the plaintiff's incidental appeal and the defendant's appeal are dismissed as it is without merit, and it is so decided as per Disposition.

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