logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.12.12 2019가단9207
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 26, 2017, the Plaintiff and the Defendant agreed on the Plaintiff’s criminal complaint case against C (hereinafter “related criminal case”) that “The Defendant keep the guarantor’s Defendant in custody on the condition that he/she agreed on 100 of the salary certificate 100, and, within one year ( October 26, 2017 - June 25, 2018), the Defendant shall fully repay the guarantor’s (150 million won) (hereinafter “instant agreement”).

B. In accordance with the instant agreement, the Defendant kept 100 instruments of salary paper to the Plaintiff.

C. However, the Plaintiff failed to reach an agreement with C on the relevant criminal case, and subsequent C was sentenced to a sentence in the relevant criminal case and its sentence became final and conclusive.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion is that the defendant is obligated to pay to the plaintiff 150 million won the agreed amount pursuant to the agreement of this case.

B. (1) Determination (1) In a case where there is a difference in the interpretation of a contract between the parties as to the interpretation of the contract, the interpretation of the party’s intent expressed in the disposition document should be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents of the text, the motive and background leading up to the agreement, the purpose to be achieved by the agreement, the parties’ genuine intent, etc.

(See Supreme Court Decision 2001Da6619 Decided July 11, 2003, Supreme Court Decision 2009Da75932 Decided March 11, 2010, etc.). (2) With respect to the instant case, health room is as to the instant case. The instant agreement provides that C shall deliver a written agreement (or submit a criminal agreement to a court in which the relevant criminal case is pending) with respect to the relevant criminal case to C, on the condition that C shall deliver the written agreement to C in relation to the relevant criminal case.

arrow