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(영문) 수원지방법원 2018.12.06 2017나80509
매매대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning for the court’s explanation of this case is as follows, except where the defendant added the additional determination as to the assertion emphasized or added by the court of this case, and thus, it is consistent with the reasoning for the judgment of the court of first instance. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420

2. Additional determination

A. Defendant’s assertion 1) The Plaintiff and the Defendant’s liability to return the purchase price due to the cancellation of the contract and the instant transfer contract concluded on August 26, 2015, which was concluded on August 26, 2015 between the Plaintiff and the Defendant, were not properly performed due to the Plaintiff’s cause attributable to the Plaintiff. As such, the Defendant cancelled the instant transfer contract through the statement of grounds for appeal dated November 28, 2017. Therefore, the Plaintiff is liable for the Defendant’s return of the transfer price already received as restitution following the cancellation of the instant transfer contract and for compensation for losses incurred to the Defendant. (2) The Plaintiff was liable to compensate the Defendant for damages due to the cancellation of the report on the succession to the status of the postnatal care business entity and the set-off claim for the return of the succession to the status of the Defendant’s postnatal care business entity under the name of the Defendant, by using forged documents, even though

As the succession to the status of a postnatal care business operator has been revoked due to such reasons attributable to the plaintiff, the defendant's sales in 2016 decreased at least 400 million won compared to the previous year.

Therefore, the Plaintiff is obligated to compensate the Defendant for damages equivalent to KRW 200 million after deducting 50% of the expenditure cost out of KRW 400 million of the sales reduction. If the Plaintiff offsets the remainder payment claim and the loan claim against the Defendant against the Defendant on an equal amount due to the above damage claim, the Plaintiff’s above claim against the Defendant is all extinguished.

3. The representative director of the defendant.

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