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(영문) 서울고등법원 2018.01.12 2017나2031485
위약벌 청구의 소
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 for this part of the underlying facts is as follows, except for dismissal or addition as follows, and thus, it is identical to the corresponding part of the reasoning of the judgment of the first instance (2-5 "the facts of recognition" hereinafter). Therefore, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

[Supplementary or additional parts] Following the fourth instance judgment of the first instance, the Defendant added “the truster, the seller of one asset trust, and the Plaintiff as the buyer” to the following:

Following the fourth instance judgment of the first instance court, the Defendant added “Around August 10, 2015, the Plaintiff notified the Defendant of the completion of delivery of each of the instant real estate by content-certified mail, which shall be by no later than August 31, 2015.”

The following facts shall be added after the last 4th of the first instance judgment:

A person shall be appointed.

G. The Defendant delivered each of the instant real estate to the Plaintiff around November 6, 2015, and the Plaintiff filed a commencement report on November 9, 2015, and commenced the instant project around that time.

However, on January 7, 2016, the Defendant’s obligation to “measures to eliminate the burden”, such as disuse of gas stations and purification of contaminated soil, was completed around January 7, 2016.

H. The Plaintiff, on the ground that the Defendant did not complete the obligation as above, deposited the remainder and its delay damages in full with the Defendant on July 17, 2017, pursuant to the Seoul Central District Court Decision 2016Gahap516269 Decided July 17, 2017, where the Defendant did not pay KRW 1 billion, which is the reserved amount, out of the remainder of the purchase price, to the Defendant.

The “Evidence Nos. 8, 9, 15, 18, and 25 and 26 of the judgment of the court of first instance” is added to the “founded grounds for recognition.” 2. The reasoning for this part of the judgment on the grounds of claim is as follows: (a) the court’s deletion of the “promotion of litigation” through 9, 5, 8, 5, and 9, 5, 5, and 5, 5, and 420 of the Civil Procedure Act; and (b) the corresponding part of the grounds for the judgment of the court of first instance (the “determination on the grounds of claim No. 5, 2, 5, 5

3. The defendant's defense is judged.

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