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Reasons
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(영문) 인천지방법원 2017.12.14 2016가단246212
약정금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Defendant filed a lawsuit against the Plaintiff to correct the dividend amount of KRW 82,116,279 to the Defendant as KRW 250,000,000, and won in the first instance trial. As to this, the Defendant agreed that “the Plaintiff shall pay KRW 200,000 to the Defendant” after the Plaintiff appealed.

However, even though the Defendant had already received KRW 82,116,279, which was distributed to itself before the agreement, it did not notify the Plaintiff and agreed that the Plaintiff could receive KRW 250,000,000, and even if not, it agreed by mistake, so the Defendant is obligated to return KRW 82,116,279.

B. Defendant’s deception, or the Plaintiff did not mistake, and there is an error.

Even the plaintiff cannot be revoked by gross negligence.

2. Facts of recognition;

A. The Jeju District Court C and D (Dupl) filed an application for voluntary auction with respect to real estate located outside four parcels of land in Jeju, and the amount of KRW 750,446,245 against the Plaintiff and KRW 82,116,279 against the Defendant was distributed on May 1, 2015.

B. On May 4, 2015, the Defendant received dividends and interest KRW 83,301,261 from the above execution court as the Defendant did not object to the said KRW 82,116,279.

C. On May 6, 2015, the Defendant filed a lawsuit of demurrer against the Plaintiff by Jeju District Court 2015Gahap10635 (hereinafter “Defendant and each of his/her legal representatives are the same in this case”) and appealed from the above court on February 18, 2016 that “The amount of dividends against the Plaintiff out of the distribution schedule prepared by the above court on May 1, 2015, KRW 750,46,245 of the amount of dividends against the Plaintiff was KRW 582,562,52,524, and KRW 82,116,279,279 of the amount of dividends against the Defendant each of them was corrected to KRW 250,00,000,000,000, respectively, and the Plaintiff appealed from the Gwangju High Court 2016Na10333, Jul. 16, 2016.

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