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(영문) 대구지방법원 2020.10.22 2020나301856
계약금반환
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, except for the addition of the judgment on the assertion that the defendant added or emphasized to this court, and thus, the reasoning of the judgment of the court of first instance citing this case is acceptable in accordance with the main sentence of Article 420

2. Additional determination

A. The purpose of each contract of this case is, as the commercial building itself, the defendant's sales price of the commercial building C is 118,590,000 won, which is the purchase price of the commercial building D, and the purchase price of the commercial building D is 114,570,000 won, which is the purchase price of the defendant's purchase price. The defendant, as the down payment, shall receive 11,859,000 won (Choho), and 11,457,000 won (Dho), which is 10% of the purchase price as the down payment, but at the plaintiff's request, only 5,929,500 won (Choho), and 5,728,500 won (Dho), which is 5% of the purchase price, and thus the defendant did not receive the down payment excessively.

The following circumstances, which are acknowledged to add the purport of the entire pleadings in each statement of evidence No. 1-1, No. 1-2, No. 1-2, No. 1-2, i.e., the sale price of a shopping mall sold from E, 128,827,875 won, the sale price of a shopping mall sold from E is 124,460,828 won, and there is no evidence to recognize the amount of the purchase price stipulated in each of the contracts of this case, unlike the defendant's assertion, the sale price of each of the contracts of this case (i.e., the sale price of each of the contracts of this case is 1,859,00 won, and the sale price of each of the contracts of this case is 11,859,00 won (C) and 11,457,000 won (D), and the sale price of each of the contracts of this case is 124,460,828 won.

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