beta
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 reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant added the following 2.3 judgments as to the matters alleged in the court of first instance, and thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The defendant asserts that the delivery of the above phrase alone does not constitute a specific specification of the essential part of the agreed amount contract, such as the amount, time, method of repayment, etc., and thus, it cannot be deemed that the agreed amount contract was concluded.
On the other hand, for the formation of a contract, the agreement between the parties is required to be reached, and such agreement does not have to be made with respect to all matters that constitute the content of the contract in question, and there is an agreement with the specific intent regarding its essential matters or important matters or at least with respect to standards and methods that can be specifically specified in the future (see, e.g., Supreme Court Decision 2000Da51650, Mar. 23, 2001). In a case where the Plaintiff asserts that there exists an agreement to receive money from the Defendant and proves the existence of such an agreement, the Plaintiff would have asserted and presented evidence as to the grounds for the occurrence of rights (see, e.g., Supreme Court Decision 96Da42130, Mar. 25, 1997). As seen above, insofar as the Defendant expressed its intent to pay the money to the Plaintiff requesting the payment of the money by specifying its amount, the agreement between the Plaintiff and the Defendant should be deemed to have been concluded as to the essential matters of the agreement.
Therefore, the defendant's above assertion is without merit.
3. If so, the decision of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.