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(영문) 부산고등법원 2020.08.19 2019나58141

추심금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for cases where the corresponding part of the judgment of the first instance is used or added as set forth in paragraph (2) below, and thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On the third page of the first instance judgment of the first instance court, the part used or added "2. 9. 2. 2. 2. 9" of the third instance judgment of the first instance court shall be used "2. 12. 2. 2015" and the first instance judgment of the same 1. 3. 2. 3. "the first instance sale contract of this case" of the same 1. 3.

A. On June 27, 2017, the court below held that “The decision to recommend reconciliation was finalized on June 27, 2017” under the first instance court’s first instance court’s first instance court’s second or third sentence, “The decision to recommend reconciliation was finalized on May 25, 2017, but the Plaintiff filed an objection against the decision to recommend reconciliation on May 25, 2017, at the same time, submitted the written withdrawal of the above objection and the written withdrawal of the lawsuit on June 2, 2017.”

A. According to the reasoning of the judgment of the court of first instance, the court below held that the defendant cannot “not only can, but also can not be deemed to have confirmed the above decision of recommending reconciliation,” and held that the above decision of recommending reconciliation cannot be seen to have been affirmed.

A. On April 14, 2015, the first instance court’s first instance court’s “in order to evade the collection amount,” and “in order to evade the collection amount or to extend the approval of the business, the fact that the agreement has been rescinded,” written on April 14, 2015 between the Defendant and G,” written confirmation (Evidence B No. 4), and written on April 13, 2015, written on April 14, 2015, the grounds for revocation of the agreement between the Defendant and G, as well as the fact that the disposal of the down payment has been completed. Thus, even after the fact that Article 5(Cancellation of Contract) of the sales contract, which is the grounds clause in the above written confirmation, states that the grounds for cancellation of the agreement between the Defendant and G, is stipulated as “G’s situation, which is the buyer,” and thus, it later states that the buyer, if