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(영문) 대구고등법원 2017.02.09 2016나24537

매매대금반환

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The first instance court, within the scope of the trial of this court, rejected the remainder of the claim (part of damages for delay) by citing the part of “214,200,000 won” as to “Defendant A and three other parties,” and also rejecting the remainder of the claim (part of damages for delay). ② Defendant E’s “Defendant E and two other parties,” citing the revocation of the part of “the part of the intermediate payment among the agreements dated April 11, 2014, the said Defendants confiscated the part of the intermediate payment,” respectively.

Since only the Defendants appealed, the scope of this Court’s adjudication is limited to each of the above quoted parts among the judgments of the first instance court.

2. The reasoning for the court’s explanation of this case is as stated in the reasoning of the first instance court’s decision (the part concerning the Defendant) in addition to the dismissal of some of the judgment of the first instance court as follows. Therefore, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 6 (Exclusion from Part 6) provides that " June 22, 2012" in Part 7 shall be " June 22, 2012 and November 5, 2012."

Part 12, the court of first instance, "this Court" in Part 5, is regarded as "the first instance court."

Part 5 of Section 14 states "B 9-1 to 3" as "B 9-1, 2".

Section 6 of the Chapter 14 "Around May 26, 2006" is the same as "Around May 26, 2006 and June 15, 2006".

The Defendants’ assertion to the effect that the Defendants’ act constitutes a fraudulent act (the instant act is for compensating the Defendants for damages sustained by the Defendants in an adequate amount is not a fraudulent act is difficult to accept in light of the circumstances considered in the determination of the Defendants’ bona fide assertion as follows.).

3. Thus, the plaintiff's respective claims against the defendants should be accepted within the scope of the above recognition, and the remainder should be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion. Thus, the defendants' appeal is all dismissed.