(영문) 대전고등법원 2018.09.12 2018나11877

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(영문) 대전고등법원 2018.09.12 2018나11877

계약금반환 등

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning of the court of the first instance’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 it is identical to the reasoning of the first instance judgment, except for the addition of dismissal as follows.

2. "No. 17 No. 17" shall be added to a part of the judgment of the court of first instance which is written or added after the 20th of the judgment of the court of first instance, "No. 9th of the judgment of the court of first instance".

After the 10th 21th 21 of the first instance judgment, the fact that 1,59,553 won has been paid with the employment insurance premium and industrial accident insurance premium for the part-time employee employed as the above paragraph (1) shall be added.

6,978,793 won, each of whom is 66,978,793 won, "65,419,240" of the first instance judgment, 11-6, 14-14-2.

The 6th to 7th of the first instance judgment shall be deleted, and the 8th of the 8th of the 8th of the 8th of the 12th of the 19th of the 196th of the 19

Part 14 of the judgment of the court of first instance is 8 to 12.

"The defendant of the concluding country is obligated to pay to the plaintiff 219,021,207 won (=286,00,000 won - 66,978,793 won) and to pay damages for delay at each rate of 15% per annum as prescribed by the Commercial Act from July 20, 2017 to September 12, 2018, which is the date the decision is rendered by the defendant, to dispute about the existence or scope of the obligation to perform."

3. In conclusion, the plaintiff's claim of this case shall be accepted within the scope of the above recognition, and the remainder shall be dismissed as there is no ground.

In conclusion, the part against the defendant ordering payment in excess of the above recognized amount among the judgment of the first instance which partially differed from this conclusion is unfair, and thus, it is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed. The defendant's remaining

참조조문

-민사소송법 제420조

-상법

-소송촉진 등에 관한 특례법

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