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(영문) 의정부지방법원 2017.02.09 2016나3509
매매대금반환
Text

1. The plaintiff's appeal and the claim for the deposit which is selectively added in the trial are all dismissed.

2. Appeal;

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows: (a) the reasoning of the judgment of the court of first instance is as stated in the part of the reasoning of the judgment of the court of first instance, except for addition of the judgment on selective claims at the plaintiff’s trial following the fourth 18th of the judgment of the court of first instance; and (b) therefore, (c) this is

2. The Plaintiff asserts that, as the Defendant guaranteed the Defendant’s obligation under the instant sales contract, the Plaintiff is obligated to pay the deposit amount of KRW 30,000,000 as well as damages for delay.

However, each of the above evidence alone is insufficient to acknowledge the fact that the defendant guaranteed the payment as above, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion on this part is without merit.

3. If so, the judgment of the court of first instance is legitimate, and thus, the plaintiff's appeal and the claim for the deposit which is selectively added in the court of first instance are dismissed as it is without merit.

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