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(영문) 서울고등법원 2020.09.18 2019나2042083
매매대금반환
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 477,90,109 and KRW 450,572,90.

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is next to the judgment of the first instance.

It is identical to the judgment of the first instance court, except for the modification as stated in paragraph (2) and the addition of the judgment in the next trial, and it is also accepted by the main sentence of Article 420 of the Civil Procedure Act.

B. 1) The amendment of the first instance court’s first instance court’s second first instance court’s second instance judgment “the cancellation of the instant sales contract,” and the second instance judgment’s second instance judgment clearly states that “The Plaintiff is obligated to pay penalty pursuant to Article 9(2) by explicitly adding the Plaintiff’s assertion that the instant sales contract is cancelled due to the reasons falling under Article 8(3)1 of the instant sales contract in this case (see, e.g., Supreme Court Decision 2009Da3888, Jul. 8, 2019).” 2) The first instance court’s second instance judgment’s second instance judgment’s second instance judgment’s “the cancellation of the instant sales contract,” and the second instance judgment’s second instance judgment’s second instance judgment’s second instance judgment’s “(3 months earlier from the scheduled date of entry into the Plaintiff, etc.’s first instance court’s second instance judgment, as there is no dispute between the parties, so the Plaintiff’s second instance judgment did not lawfully cancel the sales contract.”

3. The 8th judgment of the first instance court stated that the sales contract of this case is valid to the defendant if it is paid by a method other than the method of depositing the sales price into the account of this case (Article 3(2) and the above, the defendant would deposit the sales price into the account of this case at his office by the chief N and the chief L, as seen in the above.

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