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(영문) 창원지방법원 2017.08.30 2016나59482
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

1. As a result of examining the grounds for appeal citing the judgment of the court of first instance and the evidence submitted by the parties, the legitimacy of the judgment of the court of first instance is examined. The reasoning for this case presented by the court is as stated in the reasoning of the judgment of the court of first instance in addition to adding the following above [founded grounds for recognition]. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Additional part “D. Meanwhile, the Plaintiff had a claim of KRW 1.21 billion in total against B under the instant contract (i.e., KRW 1.1 billion in value-added tax of KRW 110 million in total). However, after the conclusion of the instant contract, the Plaintiff received KRW 820 million in total from B, and the Plaintiff received KRW 280 million in the remainder, which is a part of the remainder, from which the right to collateral security was created on each of the instant real property. As for each of the instant real property, at the closing of pleadings by the court, the Plaintiff was entitled to KRW 1.10 million in total at the time of the conclusion of pleadings, and the claim to be paid to B under the said contract is KRW 1.2 billion in total (i.e., KRW 1., KRW 1.20 million in total (= KRW 820 million in value-added tax of KRW 280 million in value-added tax of KRW 280 million in value).”

3. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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