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(영문) 대구지방법원 2015.01.29 2014나11770

청구이의

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

The reasoning for the court's explanation on the instant case is as follows: "Although the failure of the plaintiff to implement the instant agreement is not naturally invalidated due to the plaintiff's failure to perform the said agreement by content-certified mail on November 3, 2014, the defendant expressed his/her intent to rescind the instant agreement on the ground of the plaintiff's failure to perform the said agreement, and the above five million won paid by the plaintiff on the same day was deposited and returned to the plaintiff, the instant agreement was lawfully rescinded," and in Section 12 of Section 4, and in Section 12, "In addition, as long as the plaintiff cannot be deemed to have fulfilled the conditions of the non-execution agreement as above, it may not be deemed that the agreement was rescinded by content-certified mail of November 3, 2014 on the premise of the above premise," it is identical to the reasons for the judgment of the court of first instance, except for the addition of "the agreement shall not be deemed to have been rescinded by content-certified mail of the content-certified by the defendant on the premise."

Therefore, the judgment of the first instance court is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.