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Reasons
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(영문) 인천지방법원 2017.11.10 2017나4331
기타(금전)
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination

A. According to the purport of the written evidence No. 1 and the entire pleadings, it is recognized that the sales contract was concluded with the Defendant on July 28, 2015 on the purchase price of KRW 34,500,000 with respect to the forest land of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with the Defendant and paid the purchase price of KRW 165 square meters, while the Plaintiff was working as the Defendant’s employee, and that the subsequent sales contract was rescinded.

According to the above facts, the Defendant asserted that the Defendant paid KRW 29,452,480 to the Plaintiff KRW 25,856,280 on September 7, 2015, and KRW 3,50,000 on September 30, 2015 according to the following agreement that the Plaintiff paid KRW 25,856,280 on restitution following the cancellation of the sales contract, and that the Plaintiff was paid KRW 25,856,280 on August 10, 2015, and KRW 3,50,00 on September 30, 2015.

5,047,520 won remaining after deduction and damages for delay shall be payable.

B. As to this, the Defendant agreed to refund only the remaining 29,356,280 won after deducting the Plaintiff’s allowance, etc. from the purchase price, and the Defendant paid all of the money in accordance with the above agreement.

According to the overall purport of Gap's statement and pleading Nos. 1 (Declaration, the plaintiff argued that the defendant would have ordered to fully return the purchase price, but there is no evidence to acknowledge it), 2, 4, and Eul's statement Nos. 2 through 9, respectively, the plaintiff shall pay to the plaintiff the total amount of KRW 3,260,000 with the defendant's purchase price of KRW 34,50,000 on September 30, 2015, the sales allowance of KRW 667,00 on one's own contract, KRW 20,00, KRW 200,000 on one's own contract, KRW 96,720, KRW 720 on July 20, 205, KRW 920, KRW 350,000 on one's daily allowance of KRW 20,000 on September 30, 205, KRW 2005, KRW 96,700-6,7.7.20000.

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