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(영문) 서울남부지방법원 2018.07.19 2017나62851

계약금반환 청구의 소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of this Court’s acceptance of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the modification of the part of the third through fifteen of the judgment of the court of first instance as follows. Thus, it is acceptable to accept this as is in accordance with the main sentence of Article 420 of the

A. According to the overall purport of evidence Nos. 3, 5, and 6 as well as witness D’s testimony and arguments, Non-N&D Co., Ltd. (hereinafter “Non-N&D”) entered into a contract for supplying 4,200 heading 6 heading 6 heading in the mobilization industry to teachers and staff members on September 11, 2015. However, the failure to supply the above materials, which led to the failure of the N&D’s staff D members on behalf of Non-ND, the Plaintiff agreed to receive a heading 4,200 heading 4,200 heading from the Defendant to receive a heading 4,200 heading 4,00 heading from the Defendant, and the Defendant paid 3,000 won as down payment to the Defendant, and there is no evidence to acknowledge the Defendant’s breach of the contract, and there is no other evidence to acknowledge the Defendant’s breach of the contract between the Plaintiff and the Defendant.

2. The judgment of the first instance court is justifiable, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.