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(영문) 부산고등법원 2016.12.14 2015나56345
계약금반환 등
Text

1. Of the main part of the lawsuit concerning Plaintiff (Counterclaim Defendant) C in the judgment of the court of first instance, the following amount of money ordered to be paid.

Reasons

1. The Plaintiffs asserted against the Defendant that the establishment contract entered into between the Plaintiffs and the Defendant was cancelled due to the Defendant’s fault and sought the return of the down payment, etc. paid by the Plaintiffs.

In response, the defendant filed a counterclaim against the plaintiffs, ② the payment of the charge that the plaintiffs should share as the defendant's member, and the compensation for damages caused by the non-performance of obligations under the partnership membership agreement.

On the other hand, the first instance court rejected all of the plaintiffs' claims on the grounds that the above union subscription contract cannot be deemed to have been rescinded due to the defendant's fault, and (2) judged that the plaintiffs are liable to compensate for the damages suffered by the defendant since they failed to perform their obligations under the union subscription contract. However, if the amount already paid by the plaintiffs is deducted from the above amount of damages, the plaintiff's counterclaim claim against the plaintiff A is partly reasonable, and the plaintiff's counterclaim claim against the plaintiff Eul is partially accepted.

Since only the plaintiffs appealed, the scope of the judgment of this court is limited to the part against the plaintiffs in the judgment of the first instance, which is the part against the plaintiffs in the above (1) and (2).

2. The reasoning for the court’s explanation on this part of the underlying facts is that the part “1. Basic Facts” of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except where the following items are stated:

Each "Defendant Association" of not more than 3, 7,000 shall be raised to "Defendant".

Part 8, "The grounds for recognition" of the 12 to 14 pages 8 shall be applied in accordance with the following part:

4) On the other hand, Article 12(4) of the Agreement of the Association of this case provides that "the defendant shall have the status of a partner by withdrawing, losing the qualification of a partner, expulsion, etc.

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