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(영문) 서울고등법원 2016.04.21 2015나2063297
손해배상(기)
Text

All appeals by the Defendants against the Plaintiffs are dismissed.

The costs of appeal shall be borne by the Defendants.

purport, purport, and.

Reasons

1. The reasoning for the court’s explanation on this part of the premise facts is as stated in the part of “1. Acknowledgement” in the judgment of the first instance, except for the addition of the following to the 7 pages of the judgment of the first instance. Therefore, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

1) The Plaintiffs asserted at the first instance court as follows.

In other words, the Defendants delayed the performance of their obligations for 15 years without the intent to pay the balance under the initial sales contract and the revised sales contract, and thus the initial sales contract and the revised sales contract have become virtually impossible.

Therefore, since both the sales contract and the revised sales contract are canceled, the Defendants are entitled to the payment of KRW 1,989,000,000, which offsets the amount of KRW 1,060,000,000, such as the intermediate payment to be returned to the Defendants by the Plaintiffs, from KRW 2.39,000,000, which is a delayed compensation under Article 3 of the sales contract, which is changed to the restoration of the original state or compensation for damages due to the cancellation of the contract. In addition, the Defendants seek payment of KRW 100,00,000,

2. On October 27, 2015, the first instance court dismissed all the plaintiffs' claims against the defendants for the following reasons.

In other words, the joint business of the Defendants seems to have been delayed without any progress as well as to have been able to continue the business in the future. Therefore, the Defendants’ performance of the obligation to pay the remainder to the Plaintiffs is virtually impossible or considerably difficult and has reached a state of impossibility of implementation under social norms.

Therefore, the first sale contract was rescinded by the plaintiffs' declaration of cancellation on the ground that the defendants' obligation to pay the remainder is de facto impossible.

Therefore, the Plaintiffs return to their original state the down payment of KRW 330,000,000, the intermediate payment of KRW 660,000,000, and some remainder of KRW 400,000,00.

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