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(영문) 수원지방법원 2020.08.20 2019나90548
계약이행청구
Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following determination as to the Plaintiff’s assertion added in the court of first instance as to this case, and therefore, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil

2. Determination on the Plaintiff’s assertion added at the trial room

A. The Plaintiff asserted that the instant undertaking was prepared by the intent of the Defendant Union. The Plaintiff asserted that: (a) the instant undertaking was prepared by the intent of the Defendant Union; and (b) the Defendant Union actually recognized the validity of the instant undertaking by holding a general meeting with the exception of those who prepared the undertaking; and (c) thus, (d) the Defendant Union was obligated to return the allotted Charge and the agency expenses as indicated in the instant undertaking; (b) however, the evidence, including the statement of No. 6, submitted by the Plaintiff, was prepared by the intent of the Defendant Union

It is insufficient to recognize that the defendant union or the defendant union recognized the validity of the letter of undertaking of this case, and there is no other evidence to acknowledge it, and it is reasonable to deem that the letter of undertaking of this case prepared by the defendant C was promising to refund the contribution on the condition that the plaintiff formed and confirmed the legal relationship of withdrawing from the defendant union. It cannot be deemed that the plaintiff withdrawn from the defendant union because the general meeting of the defendant union did not approve the withdrawal of the plaintiff from the plaintiff's association.

Although the Plaintiff asserts that the rescission contract for the instant subscription contract was concluded through the preparation of the instant commitment document through the reference document for the reference document submitted by the Plaintiff after the closing of the oral argument at the trial, the Plaintiff cannot be deemed to have concluded the rescission contract for the instant subscription contract only based on the circumstances alleged by the Plaintiff.

B. The instant case.

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