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(영문) 서울고등법원 2020.09.24 2020나2004612
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

The reasoning of the judgment of this court, which cited the judgment of the court of first instance, is the same as that of the judgment of the court of first instance, except for the dismissal as follows, and thus, it is also cited by the main sentence of Article 420 of the Civil Procedure Act.

Part 2, "Agreement" shall be amended to "Agreement (hereinafter referred to as "Agreement")".

Part 3, 16, from "the agreement amount of this case" to "the transfer conditions" of 17, i.e., "the transfer conditions", shall be followed as follows:

“If the Plaintiff invests KRW 300 million in accordance with the instant agreement, the Defendant’s agreed amount of KRW 400 million up to April 26, 2015 and KRW 200 million up to May 10, 2015 (hereinafter “instant agreed amount”).

(3) If the Defendant did not pay the contract amount of this case, the Defendant agreed to transfer the business right to the Plaintiff at the time of the non-payment of the contract amount, but added the following to the 4th 7th 7th :

In addition, the Defendant is also entitled to the amount of KRW 600 million equivalent to twice the amount of the Plaintiff’s investment, and the Plaintiff’s investment in KRW 300 million is paid to the Defendant as compensation for supporting the Plaintiff’s property formation process. Thus, the Defendant alleged to the effect that the Defendant would not be liable to pay the instant agreement, but as long as the instant agreement was concluded with which the Defendant should pay the amount to the Plaintiff, the Defendant cannot be deemed to be exempted from the Defendant’s obligation to pay the said agreement. Accordingly, the Defendant’s argument on this part is justifiable, and the Defendant’s appeal is dismissed.

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