logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.06.13 2012재나1276
위약금
Text

1. Among the lawsuits for retrial of this case, the grounds for retrial under Article 451(1)7 and 9 of the Civil Procedure Act shall be dismissed.

2.

Reasons

1. Following the conclusion of the judgment subject to a retrial is apparent or obvious in records in this court.

Plaintiff

I and P (hereinafter referred to as the "Plaintiffs") filed a lawsuit against the defendant as Seoul Central District Court 2006Gahap102524 against the Seoul Central District Court, asserting that the sales contract was cancelled or cancelled, the sales contract was first paid due to the cancellation of the contract or the cancellation of the contract, the sale price, penalty, development cost, and its delay damages, which were paid to the defendant as the sale price, development cost, and its delay damages, which were paid to the original state due to the cancellation of the contract, the development cost and its delay damages due to the conjunctive mistake, and the payment of the sale price, development cost and its delay damages.

B. On November 15, 2007, the court of first instance rendered a judgment dismissing all the plaintiffs' claims.

C. The Plaintiffs appealed and appealed as Seoul High Court No. 2007Na126586. The Plaintiffs extended the purport of the claim to seek the payment of the sale price, penalty, development cost, and damages for delay, which were incurred due to the cancellation of the agreement, the statutory cancellation due to nonperformance of obligation, or the cancellation due to deception and mistake, together with the primary claim and the conjunctive claim filed in the first instance court. The Plaintiffs added the claim to seek the payment of the delayed payment, development cost, and damages for delay from the date following the scheduled date of entry.

On May 12, 2009, the above appellate court rendered a judgment subject to a retrial that “the plaintiff’s appeal, the primary claim expanded in the trial, and each conjunctive claim added in the trial are dismissed,” and the plaintiffs were served with the original copy of the judgment subject to a retrial on May 20, 2009.

E. The Plaintiffs were dissatisfied with this and appealed by Supreme Court Decision 2009Da47593, but were dismissed by a judgment of non-judicial decision on August 20, 2009, and the said judgment was rendered.

arrow