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(영문) 대법원 1962. 10. 11. 선고 62다420 판결
[계약금반환][집10(4)민,036]
Main Issues

If the contract is agreed to perform in installments the subject matter of the contract, the performance of the contract's obligation is the cause of rescission for the entire contract.

Summary of Judgment

In case of an agreement to perform separately the subject matter of the contract, unless otherwise agreed by the special group, the non-performance of the obligation becomes a cause for the rescission of the contract.

[Reference Provisions]

Article 544 of the Civil Act

Plaintiff-Appellee

Young Steel Corporation

Defendant-Appellant

Site Company

Judgment of the lower court

Seoul High Court Decision 62Na536 delivered on June 29, 1962

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The Defendant’s grounds of appeal are the same as the statement of the grounds of appeal separately attached.

The court below, based on evidence of lawful acceptance, purchased Belgium 200 money (B.G. 323 X6) at 74,328,000, without specifying the subject matter from the defendant on May 3, 1961, and the plaintiff paid the down payment to the defendant on 15,000,000 won as well as the remaining 10,00 won, which is the scheduled entry into the KYO 16th May 16, 1961, which is the conclusion that the court below's decision did not affect the conclusion of the contract, on June 4, 1961, because the court below agreed not only to cancel the contract, but also to notify the plaintiff of the acceptance of the contract by preparing for the delivery of the iron market, and there is no reason to acknowledge the contract's 16th 16th 16th 16th 16th 196.

Therefore, it is so decided as per Disposition by all participating judges in accordance with Articles 400, 95, and 89 of the Civil Procedure Act.

The judge of the Supreme Court (Presiding Judge) Ma-Ma-man (Presiding Judge) Ma-man Ma-man Ma-man Ma-man Ma-man Ma-man

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