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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 2018.07.12 2017나55018
매매대금반환
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasons for the judgment of this court are as follows: (a) each entry in the evidence Nos. 21 to 29 (including a serial number) that is difficult to believe as evidence that is additionally submitted by this court; or (b) that is insufficient to recognize the defendant's assertion; and (c) the following additional determination is the same as the reasons for the judgment of the court of first instance, except for adding "2. Additional determination" as to the assertion that the defendant emphasizes or adds to this court, and thus, they are cited in accordance with the text

2. Additional determination

A. Article 7 of the terms and conditions of the instant sales contract for the additional note of the Defendants provide that “other detailed terms and conditions of the instant sales contract shall be referred to attached Form 6.” Thus, the attached detailed terms and conditions (Evidence 21 No. 21) found by the Defendants after the pronouncement of the judgment of the first instance (Evidence 21) are formulated based on the above provisions

Attached Form

Paragraph (1) of the detailed terms and conditions stipulate the Defendants’ obligation to cancel the registration of seizure and the Plaintiff’s obligation to pay the remainder simultaneously, and Paragraph (2) of the same Article stipulates that the Plaintiff and the Defendants’ obligation to pay the remainder shall be terminated immediately without any separate peremptory notice.

The Defendants did not pay any balance, even though they notified the Plaintiff of the payment of the remainder after the Plaintiff’s obligation to pay the remainder became due.

(B) The Defendants notified the Defendants of the rescission of this case on the ground of the Plaintiff’s delay in the payment of the remainder, even if the Defendants’ obligation to cancel the said obligation is a prior performance obligation, as the time limit for the Plaintiff’s obligation to pay the remainder arrives. The Defendants notified the rescission of this case as above. Accordingly, the sales contract of this case was lawfully rescinded.

B. First of all, in light of the following circumstances, it can be deemed that there was an agreement between the Plaintiff and the Defendants to incorporate the details of the instant sales contract into the content of the instant sales contract.

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