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(영문) 부산고등법원 2015.12.16 2015나52701
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning for the court’s explanation of this case is as follows, and the defendants’ additional assertion in the trial of the court of first instance is as stated in the reasoning for the judgment of the court of first instance, in addition to the following determination as to the additional assertion in the trial of the court of first instance. As such, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 4, "Witness G" in Part 20 shall be considered as " witness G of the first instance trial."

The defendants claim that the contract of this case was concluded in a regular manner only when the contract of this case was actually paid, and that the contract of this case was concluded under the condition that the loan was approved from the bank as to the purchase price was refused, and that the contract of this case was not actually paid the down payment, so long as the contract of this case was concluded under the condition that the contract of this case was not established or the condition was not fulfilled.

B) For the purpose of the formation of a contract, the agreement between the parties is required to be reached, and such agreement is not required with respect to all matters forming the content of the contract in question, but there is a specific agreement with respect to its essential or important matters, or at least an agreement on standards and methods that may specify the future in detail (see, e.g., Supreme Court Decision 2000Da51650, Mar. 23, 2001). Meanwhile, a sales contract is concluded by a party to the agreement to transfer property rights to the other party and the other party to the agreement to pay such price.

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