(영문) 의정부지방법원 2019.06.27 2018나207091

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(영문) 의정부지방법원 2019.06.27 2018나207091

약정금

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where a dismissal or an additional decision is made as follows. Thus, this is cited in accordance with the main sentence of Article 420

2. The defendant is obligated to pay to the plaintiff the remaining agreed amount of KRW 40,096,118 ( KRW 150,000-11,989, 630-1, 276, 278-809, 710) because he/she did not "from 8,000,000 - 111,989, 630 - 1,276,038 - 710)" of 38,010,370 (= 150,000,000 - 111,989,630) of the third part of the judgment of the first instance. Thus, the defendant is obligated to pay to the plaintiff the remaining agreed amount of KRW 38,010,370.

The third 14 written judgment of the court of first instance "13,010,370 won (=38,010,370 won)" was added to "15,096,118 won (40,096,118 won + 75,000 won)" in the fourth 14 written judgment of the court of first instance.

The third 15th 15th 15th 15th 15th 15th 4th 13th 13th 202 shall be deleted and the following shall be added:

“B. The Defendant alleged that the Plaintiff and D’s assets were owned by 1/2 shares. However, the Defendant paid KRW 150 million in return for the transfer of shares to the Plaintiff on the part of the Plaintiff that the Plaintiff retired from D, and paid the Plaintiff more than KRW 150 million in return for the transfer of shares. (c) The judgment on the claim for payment of KRW 38,010,370 in excess of KRW 150 million was examined, and there is no dispute between the parties, or there is no dispute between the parties, or the entire purport of each of the entries and arguments in the evidence Nos. 2, 9, No. 5, No. 8, 18, and 20 (including each number), and the whole purport of the arguments, in light of the following circumstances, the fact that the Plaintiff received at least KRW 150,000 from the Defendant can be acknowledged.

Therefore, this part of the Plaintiff’s assertion that the remainder of the Defendant should be paid KRW 38,010,370, is without merit.

① From January 2008 to December 2008, the Plaintiff is equivalent to KRW 3.110,000 per month under the pretext of salary, etc.

참조조문

-민사소송법 제420조

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