(영문) 서울고등법원 2019.10.16 2018나2064116

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(영문) 서울고등법원 2019.10.16 2018나2064116

약정금

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The plaintiff's ancillary claim added by this court.

Reasons

1. The reasoning for this part of the lower court’s reasoning is as follows: (a) inasmuch as the reasoning of the first instance judgment is the same as that of the corresponding part of the reasoning of the first instance judgment (Paragraph (1) except that the second 20th 20th 20 of the first instance judgment against “school court D” from “D” (hereinafter “D”); and (b) such fact is cited pursuant to the main sentence of Article 420 of

2. The reasoning for this part of the judgment on the primary claim and its determination is as follows, since the statement of 4th 8 to 6th 12 of the judgment of the first instance is the same as that of 4th 8th 6th 12th 12, except for a partial modification as follows. As such, this is cited by the main text of Article

The "2 and the third payment" in the fourth 12th 12th s in the judgment of the first instance shall be deemed "the third payment".

B. The lower court’s fourth 19-5 pages 10 shall be deleted.

[As seen earlier, 30 million won and damages for delay that are excluded from the scope of this Court's trial (the second payment judgment)].

The May 1st of the first instance judgment "D." shall be changed to "C."

The 6th to 12th of the first instance judgment shall be followed as follows.

D. Accordingly, the plaintiff's primary claim against the defendants as to the first installment and the third installment against the defendant B are without merit."

3. Preliminary claim and its judgment

A. The Plaintiff’s assertion, even if both the first and third payments made by the Plaintiff to Defendant B are investments, Defendant B agreed on April 11, 201 that the Plaintiff would return the full amount of the money invested by the Plaintiff to Defendant B if it is impossible for the Plaintiff to undertake the instant project. Defendant C jointly and severally guaranteed KRW 200,000 out of Defendant B’s obligation to pay the said agreed amount.

Therefore, Defendant B is liable to pay 600 million won and damages for delay equivalent to the sum of the first and the third payments, and Defendant C is jointly and severally liable with Defendant B to pay KRW 200 million and damages for delay.

The plaintiff added to this Court.

참조조문

-민사소송법 제420조

유사 판례

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