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(영문) 서울고등법원 2016.12.02 2016나2006581
위약금 등 청구의 소
Text

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

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the first instance is the same as that of the judgment, except for partial revision as follows.

On the 2th 11th 2th 11th 1st am of the first instance judgment, the “Defendant” shall be amended to the “Defendant (it was changed from G to the present trade name on July 25, 2014)”, and the “total amount of KRW 241,50,000 (Seoul 2,300,000,000)” in the 12th am of the same page shall be amended to the “total amount of KRW 241,50,000 ( KRW 265,650,000,000, including value-added tax)”.

The three to nine pages of the judgment of the first instance court shall be amended as follows:

A person shall be appointed.

E. On March 6, 2014, the Plaintiff notified the Defendant of the cancellation of the instant supply contract, if the boiler house was not supplied by March 15, 2014. On June 18, 2014, the Defendant sent to the Plaintiff a certificate of content proving that he/she sustained damages, such as rent, half-finished storage, etc., due to the discontinuance of production due to the Plaintiff’s unilateral cancellation of the supply contract.

The 5th parallel at the bottom of the judgment of the court of first instance shall be amended to "proponed party".

“A modification agreement is not reached at the bottom of the five pages of the judgment of the court of first instance,” and “a modification is made to the Plaintiff at the bottom of the same five pages,” and “a modification is made to the Defendant, by constructing another house in a state in which the Defendant was unable to perform the payment under the instant supply contract,” respectively.

In the 6th of the judgment of the court of first instance, the penalty for breach of contract shall be revised to "the penalty for breach of contract", and the 10th of the 10th of the 10th of the 10th of the 10th of the 10th of the 10th of the 10th of the 10th

The defendant argues that the 6th page 14 of the judgment of the court of first instance is the general receipt of down payment corresponding to half of the total supply price due to the characteristics of the rupturer house manufactured within the short period after purchasing all the necessary raw materials, but the defendant claims that the down payment corresponding to half of the total supply price is received, respectively.

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