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(영문) 서울고등법원 2019.05.21 2018나2045276
약정금 등
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 appellate court citing the judgment of the court of first instance citing this case is identical to the grounds of the judgment of the court of first instance citing this case, and thus citing this as it is in accordance with the main sentence of

However, some of the contents are high in the following paragraphs.

2. The part in the judgment of the court of first instance regarding the dismissal shall be deleted from 3.4 to 6.

The following shall be added to six pages 6 of the judgment of the first instance.

“The Defendant asserts to the effect that the claim against the Co-Defendant Company G or the Plaintiff’s Co-Defendant Company shall be deemed to be an investment in which the principal payment is not guaranteed, and that if the relevant claim is deemed to be a loan, it shall be deemed null and void in conflict with the Interest Limitation Act. However, according to the instant confirmation, etc., the Co-Defendant Company of the first instance court agreed to guarantee G or the Plaintiff the payment of the principal received from G or the Plaintiff, and the Plaintiff sought payment of the principal amount of KRW 2,50,000 which the Co-Defendant Company of the first instance court failed to pay to the Plaintiff on the ground of the letter of payment (Evidence No. 10,000,000,000 won, as long as the Co-Defendant E Company of the first instance did not pay the Plaintiff the principal amount of KRW 2,50,000,000,000 as agreed in the relevant letter of payment.” Moreover, the Plaintiff’s assertion related to the instant case seeking damages for delay under the Interest Limitation Act cannot be accepted.”

3. Conclusion, the first instance judgment is justifiable.

The defendant's appeal is groundless and rejected.

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