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(영문) 서울고등법원 2017.02.03 2016나2053167

계약금반환

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 the court's explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the judgment, except for partial revision as follows.

The plaintiff shall be amended to "the defendant" at the bottom of the 9th judgment of the first instance court.

On July 31, 2015, the 4th 10th 10th 10th 10th 10th 1st 1st 1st 1st 201, and the 12th 12th 12th 12th 202 “the Plaintiff sent to the Defendant, but all was returned. After which the Plaintiff received the phone from the employee in charge, the Plaintiff respectively revised it to the 31st 2015.

On October 15, 2015, the lower court revised “the Defendant” at the fourth lower part of the judgment of the first instance as “the Plaintiff,” and “the above notification was sent at once, but returned to the Plaintiff on October 15, 2015,” respectively, to the effect that “the notice of cancellation of the instant supply contract was sent to the Plaintiff on October 15, 2015, when the construction applied for the service of the Plaintiff’s changed address from the case of service by publication of expression of intent applied against the Plaintiff (U.S. District Court 2015Kaga970).”

At the fourth or fourth level of the judgment of the court of first instance, two to four shall be amended as follows:

A person shall be appointed.

F. Meanwhile, the Gyeonggi-do Office of Education responded to the purport that it is difficult to grant new authorization or permission for establishment by the end of 2016 pursuant to the enrollment capacity plan for young children from 2014 to 2016, which was already established after being asked by the Defendant about whether it is possible to grant authorization or permission for a kindergarten prior to the public announcement of the supply of the instant kindergarten.

"One to five pages at the bottom of the fourth level of the judgment of the court of first instance" includes the numbers of evidence Nos. 1, 2, 4, 6, 7, and 8; hereinafter the same shall apply.

“B” includes a number of heading 1, 2, 4, and 8; hereinafter the same shall apply.

“The fact of the Gyeonggi-do Office of Education” in the 6th 2nd 4th 2th 2th of the first instance judgment is amended by the end of the end of 2016 in accordance with the plan to accommodate young children already established by the Gyeonggi-do Office of Education.