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(영문) 인천지방법원 2017.01.20 2016나59174

이자대납금반환등

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 reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the relevant part being dismissed as set forth in the following paragraph (2). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the decision of the court of first instance concerning the claim on the method of deduction of penalty (B) from 8th to 9th 15th 15th son of the decision of the court of first instance is as follows. (1) As to the claim on the method of deduction of penalty, the plaintiff, as seen earlier, should deduct the down payment from the 6th part payment, while the defendant asserts that (2) the contract amount should be deducted from the 6th part payment. (1) The decision of this case merely states that "10% of the total supply price belongs to the plaintiff as penalty." The fact that Article 4 (1) of the contract of this case does not state that the total supply price is 10% of the total supply price subject to forfeiture, and 10% of the total supply price subject to forfeiture (10% of the sale price) and 10% of the total supply price subject to forfeiture from 10% of the total sale price in the sale contract of this case is the same, and there is no ground to interpret the above part as 10% of the contract payment.

(b) classification;