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(영문) 대전고등법원 2015.04.30 2014나1698
계약금반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. As to the plaintiff's assertion at the court of first instance (the defendant's assertion of cancellation of contract based on the defendant's non-performance or non-performance impossibility), the reasons for admitting the judgment of the court of first instance are as stated in the reasoning of the court of first instance, except to change or add the corresponding parts as follows, and thus, they are cited as it is in accordance with the main sentence of

From the second sentence of the judgment of the first instance, the following parts shall be added to the fifth sentence:

"A penalty of KRW 50,00,000 shall be paid to the other party who has violated this Agreement under Article 5."

B. The third part of the judgment of the court of first instance alters “the same seal as the date on which the instant sales contract was concluded” to “the date on which the instant sales contract was concluded”, and alters “in entering into the instant sales contract” to “in the course of entering into the contract” as “in the course of entering into the contract.”

C. The agreement to pay each time prior to the completion of the construction is replaced by “an agreement to pay each time prior to the completion of the construction work” as “an agreement to pay each time prior to the completion of the construction work, and penalty shall be KRW 50,000,000.”

The text of the first instance judgment, “The fact that the Plaintiff, around July 2013, agreed to remove the instant pine trees and to extract the said pine trees from June 10, 2013,” which reads “the fact that the Defendant, as prescribed by the said sales contract, directly extracted the said pine trees on behalf of the Plaintiff as the Plaintiff was not extracted from July 2013,” and the part of “the fact that the instant pine trees were extracted from the said pine trees,” which reads “the fact that the Defendant, around July 2013, pursuant to the terms and conditions of the said sales contract, was not extracted from the said pine trees,” and which reads “the fact that the instant pine trees were extracted from the said pine trees,”

E. Article 8 and 9 of the text of the judgment of the court of first instance as follows: “The award appears to be merely an error in the motive of the plaintiff's internal deliberation that occurred in the process of concluding each of the above contracts” was replaced by “The instance seems to have been merely an expectation that the plaintiff had been in fact during the process of concluding each of the above contracts.”

2. Determination on the Plaintiff’s assertion added in the trial room

(a) cancel a contract based on mistake of the alleged content;

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