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(영문) 서울고등법원 2015.07.16 2014나2038799
매매대금반환
Text

1. All appeals filed by the plaintiff and the defendant and the defendant are dismissed.

2...

Reasons

1. The reasons why the court of the first instance will describe this case in this case are as follows: the reasons why the court of the first instance will write are as to this case, except for dismissal or alteration as follows:

1. The basic facts;

2. The plaintiff's assertion;

3. The Plaintiff’s assertion of invalidation, revocation, and rescission is identical to the part of “determination on the Plaintiff’s assertion of invalidation, revocation, and rescission,” thereby citing it as is by the text

0 The height of the first instance court's decision 6 pages 6, 12 and 17 each "contract" shall be deemed to be "a contract", and the "satisfy" in the 7th page 3 shall be deemed to be "satisfy".

2. Determination as to the assertion of reduction of the estimated amount of damages

A. As seen in the determination on the Plaintiff’s assertion on invalidation, revocation, and rescission, the Plaintiff’s assertion on invalidity, revocation, and rescission of the instant sales contract is without merit, and thus, the instant sales contract was effective, and did not result in the cancellation by the Plaintiff’s declaration of intent of rescission.

On the other hand, the instant sales contract was rescinded pursuant to Article 9(1)3 of the sales contract by notifying the Defendant of the loss of the term interest pursuant to Article 8 of the sales contract on the grounds of the Plaintiff’s delay in payment of the purchase price and notification of the rescission of the instant sales contract on January 14, 2013.

Meanwhile, Article 9(5) of the sales contract provides that where a sales contract is terminated due to the Plaintiff’s cause attributable to the Plaintiff, the contract bond shall be reverted to the Defendant, as seen earlier, and this is presumed to be an estimate of the amount of damages incurred by the Defendant due to the cancellation of the sales contract in this case.

B. Article 398(2) of the Civil Act provides, “Where the estimated amount of damages is unreasonably excessive, a court may reduce it to a reasonable level.” Here, “unfairly excessive case” means the status of the obligee and the obligor, the purpose and content of the contract, the motive leading up to the scheduled amount of damages, the ratio of the estimated amount of damages to the amount of debts, and the anticipated amount of damages.

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