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(영문) 서울동부지방법원 2018.10.17 2018나22239
매매대금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons for the court's explanation of this case are as follows: the "sales contract" of the second part of the judgment of the court of first instance shall be changed into "sales contract" (hereinafter "sales contract of this case") and the reasons for the judgment of the court of first instance shall be as stated except for adding the following judgments: therefore, it shall be admitted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. On December 23, 2015, the Defendant’s assertion that “The instant sales contract is automatically terminated if the Defendant and the Defendant fail to perform an obligation to pay the intermediate payment and the remainder by the end of the payment of the purchase and sale balance, and the penalty following the termination of the contract is liable to pay the interest and the delayed repayment pursuant to Article 4 of the instant sales contract, and the remainder after deducting the overdue interest and the delayed repayment from the down payment from the down payment and deducting the overdue interest and the delayed repayment from the down payment, shall be attributed to the Defendant Company as the penalty, and the Defendant, the executor, etc., shall be confirmed to have not filed any objection

Cheong and Written Confirmation (hereinafter referred to as “instant confirmation”) were prepared.

The plaintiff prepared and delivered the confirmation document of this case to the defendant, and agreed to bring an action with respect to the rescission of the sales contract of this case. Thus, the lawsuit of this case filed against this is unlawful as there is no benefit of protection of rights.

Even if not, in accordance with Articles 7 and 18 of the instant sales contract, the Plaintiff is fully responsible for the loan liability, and all disadvantages that the Plaintiff was a foreigner are borne by the Plaintiff. Thus, the Defendant is not liable for the Plaintiff’s loan implementation under the instant sales contract, and the Plaintiff was unable to obtain a loan due to its own circumstances, and the Plaintiff prepared the instant confirmation document, and the Plaintiff did not pay the intermediate payment and the balance by the end of the payment of the remainder.

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