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(영문) 서울고등법원 2015.12.03 2015나2051409
계약해제 합의서 취소 청구 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In the first instance court, the Plaintiff sought restitution of KRW 30 million and payment of consolation money of KRW 100 million due to the cancellation of the agreement by the Defendant’s deception. The court of first instance dismissed all the Plaintiff’s claim for restitution and consolation money of KRW 100 million.

Therefore, since the plaintiff appealed only the part of the claim for restitution, the scope of the trial of this court is limited to the claim for restitution due to the cancellation of the contract by deception.

2. The reasoning of the court's explanation concerning this case is that the part of the reasoning of the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act, except for the case where "only the statement of No. 6 (Recording)" is used as "No. 3, No. 6, No. 7-1, and No. 2" of No. 411 of the judgment of the court of first instance.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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