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(영문) 서울고등법원 2017.09.26 2017나2016431

계약이행보증금 반환

Text

1. The defendants' appeal is dismissed.

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

3. The defendants' lawsuit acceptance is based on the lawsuit acceptance of the defendants.

Reasons

1. At the first instance court, the Plaintiff claimed for the payment of the contract performance guarantee amount of KRW 50 million based on the contract for purchase and sale of goods, KRW 168 million based on the contract for purchase and sale of goods, and damages for delay against each money. The court of first instance accepted the entire contract performance guarantee amount of KRW 50 million and the damages for delay as well as the remainder of the claim.

In this regard, the appeal against the lost part of the network B is limited to the contract deposit and the damages for delay.

2. The reasoning of the court's explanation concerning this case is as follows, except where the defendant's "the defendant" of the 13th judgment of the court of first instance is "the defendant's "the defendant" of the 15th judgment as "the defendant's "the defendant's side", and therefore, it is identical to the part concerning net B among the reasons of the judgment of first instance. Thus,

3. In conclusion, the judgment of the court of first instance is just, and the appeal by the Defendants is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

[Disposition No. 1 of the judgment of the court of first instance was changed according to the defendants' litigation acceptances by the court below. Defendant L was changed to pay the plaintiff 13,636,364 won (= KRW 50 million x KRW 3/11, less than KRW 3/11), Defendant M, N, C, andO to KRW 9,090,90 each (==50 million x 2/11, and less than KRW 2/11) and each of the above money from July 5, 2016 to February 16, 2017; and 15% each annum from the next day to the day of full payment];