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(영문) 서울고등법원 2020.04.23 2019나2032659
약정금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except where the court makes a partial dismissal and added the judgment to this court under Article 420 (2) of the Civil Procedure Act.

The 2nd judgment of the first instance court "the financial period" in attached Table 2 of "the acquisition agreement of this case" shall be changed to "financial institution".

The 4th lower judgment of the first instance court and the 2th lower judgment were followed by the Defendant’s “Defendant” to “Plaintiff”.

The 5th five pages of the first instance judgment "R" shall be added to Q.

The 5th and 10th and 6th and 5th of the judgment of the first instance shall be applied to all the "witnesses".

The 6th three parallel judgments of the first instance court, "430 million won after deducting 70 million won," "4.9 billion won after deducting 91 million won," and the 6th parallel judgment of the first instance court "the 6th parallel price" "the 6th parallel price" shall each be "the preparation for implementation".

The 7th lower judgment of the first instance court " July 6, 201" shall be applied to " April 29, 201".

The court of first instance shall delete from the 8th parallel 5th parallel 3th parallel 9th parallel 9th parallel 9th parallel 5th parallel 9th parallel 9th parallel 9.

2. Additional determination by this Court

A. The plaintiff's assertion is based on the following grounds for appeal in this court.

1) According to the instant agreement on the acquisition of the Plaintiff’s obligation due to the Defendant’s fault (the part of the claim based on the instant acquisition agreement), the obligation of the Plaintiff to transfer the status of the contractor under the instant contract reaches the due date only when the Defendant received a PF loan for the instant project and pays the Plaintiff the entire amount of KRW 500 million (Articles 3 and 4). However, as between the Defendant’s failure to complete the conclusion of the sales contract for each of the instant land as well as the PF loan, and the Defendant’s failure to perform the obligation against the Defendant, the obligation of the Plaintiff was omitted due to the Plaintiff’s application for legal management.

Therefore, the plaintiff is responsible for the defendant.

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