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(영문) 서울남부지방법원 2017.12.21 2017나56450
매매대금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[On the other hand, the defendant asserted that the amount of the goods to be returned by the defendant in accordance with the good faith principle or the fair principle should be mitigated since the defendant supplied the goods to the plaintiff as a result of the plaintiff's failure to present a certain inspection method in the course of the delivery of the stamp to the plaintiff in this case after the closing of argument. However, it is not allowed that the contents of the right can be restricted in accordance with the good faith principle or the fair principle on the ground that the plaintiff provided part of "the cause" as to the right to claim restitution due to the rescission of the contract, on the ground that the plaintiff provided part of the "the cause" as to the right to claim restitution due to the rescission of the contract (see, e.g., Supreme Court Decision 2013Da34143, Mar. 13, 2014), and the defendant's argument cannot be accepted).2.

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