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(영문) 의정부지방법원 2016.01.15 2015나6761
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning for the court's explanation of this case is as follows: the defendant's argument at the trial of the court of first instance is about 2-B of the reasoning for the judgment of the court of first instance.

The reasoning of the judgment of the first instance is the same as that of the part of the judgment, except for the addition to the end of the paragraph, and it shall be quoted as it is by the main sentence of Article 420

【Additional Judgment Part】 The defendant, around November 9, 2012, withdrawn the application for a building permit with respect to the instant construction project and prepared the instant agreement and each letter, despite the fact that the plaintiff could no longer proceed with the instant construction project at the time of the formation of the instant construction project, the plaintiff deceivings the defendant by the method of not notifying the defendant of the said fact, and let the defendant prepare the instant agreement and each letter. In addition, the defendant prepares the said agreement and each letter under the circumstance of mistake without knowing the fact that the withdrawal of the plaintiff's application for a building permit with respect to the instant construction project could no longer proceed with the instant construction project, and the defendant prepares the said agreement and each letter under the circumstance of mistake without knowing that the plaintiff's withdrawal of the application for a building permit with respect to the instant construction project could no longer proceed

According to the statement in the evidence No. 3, the plaintiff submitted the withdrawal of the application for the construction permit of this case to the two states through the agent C on November 9, 2012, which was before the formation of the agreement of this case and each letter of statement No. 3. However, as seen earlier, the defendant's application for the construction permit of this case to the construction permit of this case thereafter is not closed. Thus, it cannot be deemed that the construction of this case could no longer be carried out at the time of the preparation of the agreement of this case and each letter of statement.

Therefore, the above circumstance alone is that the defendant's expression of intent indicated in the instant agreement and each letter is the plaintiff.

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