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(영문) 대전고등법원 2019.04.04 2018나15138
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

The court's explanation of this case by the court of the first instance as to this case is identical to the part concerning the reasoning of the first instance judgment in addition to the part concerning which the appeal is made under the second paragraph, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the

(1) The grounds for appeal by the Defendant do not differ significantly from the allegations in the first instance court, and even if all the evidence submitted in the first instance court were examined, the first instance court’s rejection of the Defendant’s argument is justifiable). On May 26, 2016, the first instance court’s first instance court’s second instance judgment on the part 5, 6, “the Plaintiff re-written to the Defendant on May 26, 2016,” which read “the Defendant re-written to the Plaintiff on May 26, 2016.”

On the 5th and 20th of the judgment of the court of first instance, "as requested by the plaintiff," the "as requested by the plaintiff" shall be applied to "in accordance with Article 548 (1) and (2) of the Civil Act."

In the first instance judgment, the part of the first instance judgment from the fifth to seventh shall be referred to as "Article 74 of the former Enforcement Decree of the Act on Contracts to Which the State is a Party (amended by Presidential Decree No. 25751, Dec. 4, 2018)" and Article 75 of the former Enforcement Rule of the Act on Contracts to Which the State is a Party (amended by Ordinance No. 644, Dec. 28, 2017)".

2. In conclusion, the plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance is just and the defendant's appeal is dismissed on the ground that it is without merit. It is so decided as per Disposition.

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