beta
(영문) 서울중앙지방법원 2018.07.10 2017나79273

계약금반환 및 손해배상

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is as follows: (a) the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the addition or dismissal as set forth below (2).

2. On the second page 2 of the judgment of the court of first instance, the part added or used by the plaintiff shall be deemed to have "D date" as "the representative of the plaintiff F is deemed to have "D date".

In light of the reasoning of the judgment of the court of first instance as to the claim of damages equivalent to KRW 17,00,000 for down payment, first of all, as to the claim of damages equivalent to KRW 17,00,000,00 in the document No. 8, the Defendant appears to have the overall purport of the pleadings, regardless of whether or not the Plaintiff’s defect occurred in the glass of this case and whether or not there is an actual defect, the Defendant is the return interval of KRW 30,000,000 for down payment and KRW 10,000 for April 20, 2016, and KRW 3,00,000 for KRW 3,00,00 for May 31, 2016, and KRW 10,000 for down payment and KRW 7,000 for July 11, 2016, the Plaintiff’s assertion that the down payment was 20,000,000 for the first instance judgment is without merit.

In Part 4 of the judgment of the first instance, "No. 10-2" is added to "No. 10-1 and No. 10-2" after the first instance judgment was rendered. After the first instance judgment No. 4, "the fact that the Plaintiff announced" No. 6, "On the other hand, according to the test report submitted by the Plaintiff to the Korea Testing and Research Institute after the judgment of the first instance court, the following results are as follows: (a) after fixing a point of 7 cm or 3 cm away from the end of the instant glass bridge or fixing a point of 3 cm away from the end of the first instance judgment; and (b) after measuring each degree of 50-70 cm neglected from 10-30 cm to the front end of the first glass, the change occurred.