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(영문) 부산고등법원 2019.03.13 2018나56438
위약금 등 청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

In the judgment of the court of first instance, both the primary claim and the preliminary claim were dismissed in the judgment of the court of first instance, and the plaintiff filed an appeal only against the dismissal of the preliminary claim Nos. 1 and 2, so the scope of the judgment of this court is limited to the plaintiff's appeal.

The reasoning of the court's explanation of this case is as stated in the judgment of the court of first instance that "basic facts" and "Article 1, 2 preliminary assertion" and the part of the judgment on this case [the judgment on the claim for cancellation of the sales contract due to impossibility of performance" as cited in the part on "judgment on the claim for cancellation of the sales contract due to mistake" in the judgment of the court of first instance shall not be deemed to have been incorporated into the contents of each sales contract of this case" (including the part that loans an intermediate payment from the first financial institution that the plaintiff claims to 3.5% or 4% per annum from the first financial institution to the interest rate of 3.5% per annum (including the part that is reduced from the 15th to the 18th th th 15th th th th th ). Thus,

In conclusion, the judgment of the first instance court is justified, and all appeals by the plaintiffs are dismissed as it is without merit. It is so decided as per Disposition.

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