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(영문) 대구지방법원 2018.05.09 2017나310829
계약금반환
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 the court’s explanation concerning this case is as follows. The court’s reasoning for this case is as follows. The plaintiff’s assertion is as stated in the reasoning of the judgment of the first instance, except for the case’s additional determination under paragraph (3). Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In order to specifically determine whether or not the occurrence of an uncertain fact, which is the cause of an indefinite period, i.e., 7th to 9th 6th son of the judgment of the court of first instance, is impossible, a party’s intent, the type and characteristics of the indefinite period, and the degree of time elapsed shall be taken into account. In addition, in a case where the indefinite period is affected by a social economic situation, it shall be determined with careful consideration in light of social norms.

(2) Each of the following facts and circumstances, which show the overall purport of pleadings, are acknowledged as follows: ① The project in this case is a project with more than 800 members in light of its size, the number of its members, and the amount of its business funds, etc.; ② the Defendant is selected as the final construction project in a general meeting on October 15, 2017 through a general meeting of shareholders, and the additional construction project in which the fixed period of time under Article 7(4) of the subscription contract in this case arrives; ② the project in this case may not be paid by the final construction project in this case; ③ the additional construction project in this case; ③ the additional construction project in this case, the additional construction project in this case, the additional construction project in this case, the additional construction project in this case, and the new construction project in this case, the number of its members, and the number of its members; and ③ the project in this case may not be paid by the final construction project in this case; and ③ the new construction project in this case.

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