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(영문) 인천지방법원 2015.01.22 2014나14580
계약금반환
Text

1. The plaintiff's appeal is all dismissed.

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

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

Reasons

1. The Defendants are companies that construct and sell B within the Incheon Free Economic Zone Cheongra zone. The Plaintiff entered into a contract with the Defendants to purchase the said officetel 1210 (hereinafter “instant officetel”) (hereinafter “instant sales contract”).

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. The assertion and judgment

A. The purport of the Plaintiff’s assertion lies in the Plaintiff’s conclusion of the instant sales contract, namely, “value-added tax included in the supply price may be refunded, and the Plaintiff may live in the instant officetel if the Plaintiff actually 5 million won is given a full loan,” and “high profits from the market price,” and the instant officetel is not a small “small-sized” (small-sized-sized-sized-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type-type

B. In a case where a false notice is made in a manner to the extent of being subject to criticism in light of the duty of good faith with respect to the important matters of transaction in the advertisement of goods on the market, it constitutes a deception. However, the mere exaggeration in the advertisement is accompanied by a false representation in the advertisement is lacking in deception as long as it may be acceptable in light of the general commercial practice and the good faith principle (see, e.g., Supreme Court Decisions 2008Da1842, Mar. 16, 2009; 2011Da107627, Jan. 29, 2014). Based on the foregoing legal doctrine, health stand as to the instant case, and the above contents asserted by the Plaintiff may be perceived in light of the general commercial practice and the good faith principle.

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