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(영문) 수원지방법원 2019.01.15 2018나65958
약정금
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. The defendant's main grounds for appeal citing the judgment of the court of first instance are the condition that the legal nature of the father of this case is not the indefinite term, and the conditions have not been fulfilled, and even if the term for payment has not yet arrived, it is not different from the argument of the court of first instance, and the fact-finding and judgment of the court of first instance are justified according to the evidence submitted by the court of first instance.

Therefore, this court's reasoning is the same as that of the judgment of the court of first instance. Thus, this court's reasoning is acceptable in accordance with Article 420 of the Civil Procedure Act.

[Requirements] The effect or extinction of a juristic act is dependent on the gender of an uncertain fact in the future. As such, it is necessary to attach conditions according to the general principle of declaration of intent, i.e., the intent to attach them, and to indicate them. Even if a condition is expressed outside, it is merely the motive of the juristic act unless it is indicated, and it does not constitute an additional condition of the juristic act (see, e.g., Supreme Court Decision 2015Da219504, Oct. 29, 2015). Meanwhile, the condition is an additional part of the juristic act that restricts the validity of the juristic act by adding it as the content of the juristic act at the same time as the content of the juristic act, and thus, it is a matter of fact finding whether a party to the juristic act attached to any condition of the juristic act, and the existence of the condition must be proved if the Defendant asserts that it had not been paid to the Plaintiffs in light of the legal principles as seen above, even if the Defendant asserted that it had not purchased or sold it (see, see Supreme Court Decision 2008Da4767.

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