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(영문) 의정부지방법원 2020.10.22 2020나204170
계약금반환
Text

All appeals by the defendant against the plaintiffs are dismissed.

Expenses for appeal shall be borne by the defendant.

purport, purport, and.

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance except for adding the arguments in paragraph (3) below, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted to this court is added to the evidence submitted to this court

The reasoning of the judgment of this court is as follows, i.e., the second instance judgment, i.e., the second instance judgment, i.e., the second instance judgment, i., e., the second instance judgment, except the addition of the Defendant’s additional statement. As such, it is citing it in accordance with the main sentence of

2. Parts in height:

A. Following the third instance judgment of the first instance court, the second instance judgment “No. 3, 2017.11.3” is deemed to read “No. 3, 2017.”

B. On November 3, 2016, the 7th day of the first instance judgment, “from November 3, 2017, which was the said payment date,” shall be deemed “from November 3, 2017, as sought by Plaintiff B, as of November 3, 2017,” respectively.

3. Judgment on the defendant's additional indictment

A. 1) Determination as to the Defendant’s assertion that it is impossible to cancel the membership agreement, the provisions of the Civil Act regarding the Defendant’s rescission of the alleged contract do not apply to the membership agreement (see, e.g., Supreme Court Decision 94Da7157, May 13, 1994). In the partnership agreement, such as the partnership agreement, a request for dissolution of the partnership, withdrawal from the partnership, or expulsion from the partnership, or expulsion from other partnership members, it is not possible to cancel the partnership agreement as in the general contract, and to bear the obligation to reinstate

(2) Each of the instant contracts is a membership agreement, and thus, the Plaintiffs cannot rescind each of the instant contracts on the grounds of nonperformance. (2) The Plaintiffs, even if they are an organization with the name of an association under the Civil Act, have an organization, such as setting up rules with its own purpose and establishing a decision-making body and appointing a representative who is the executive body, and the decision of the organization or the method of executing its affairs by a majority.

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