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(영문) 서울중앙지방법원 2019.04.03 2018나42223
분양대금반환청구의 소
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

3...

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is consistent with the reasoning of the judgment of the court of first instance, except for the following cases: (a) the fact-finding and the judgment of the court of first instance, which purport that the defendant is responsible for cancelling the supply contract of this case, is justifiable) and (b)

The third part of the judgment of the court of first instance, the third part of the judgment of the court of first instance, "G" of 6-7 shall be added to "L".

The first instance court’s fifth instance judgment’s fifth instance judgment’s “Defendant” added “ May 12, 2017.”

The 6th to 11th of the 10th of the first instance judgment shall be followed as follows.

3. Determination as to the defendant's counterclaim and counterclaim

A. The Defendant’s assertion that the instant supply contract was lawfully rescinded by the Defendant’s declaration of intent to cancel the contract on the grounds that the payment remains unpaid. As such, the Plaintiffs are obliged to pay the Defendant penalty, the first and fifth intermediate payment, the amount of the principal payment, and the amount of damages.

The defendant shall set off the above claim against the plaintiffs against the plaintiffs against the plaintiffs' contract deposit and the claim for the return of the sixth intermediate payment.

Therefore, the Plaintiffs are obligated to pay the following amounts: (a) the interest on the intermediate payment of KRW 17,283,30 (a) 17,163,90 (b) the interest on the intermediate payment of KRW 17,465,967 won 8,678,690 (c) the compensation for damages of KRW 29,000,000 for advertising promotion expenses of KRW 15,361,222 for KRW 10,361,222 for the advertising promotion expenses of KRW 912,863 for KRW 2,789,835 for the Plaintiff A’s KRW 29,063,920 for KRW 17,64,60,60 for KRW 364,60 for the intermediate payment of KRW 327,827,90 for the Plaintiff’s automatic credit and the balance of KRW 29,675,270 for the Plaintiff’s intermediate payment (d), 275,2785

B. 1) This part of the Defendant’s assertion of penalty and damages is premised on the Defendant’s lawful rescission of the instant supply contract on the grounds of the Plaintiffs’ nonperformance of obligation (payment of unpaid penalty).

However, as seen earlier, the Plaintiffs.

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