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(영문) 서울고등법원 2017.11.10 2016나208213
손해배상 청구
Text

1. Revocation of the first instance judgment.

2. According to the selective claims added at the trial, the defendant shall be entitled to the plaintiff on 294,506.

Reasons

Basic Facts

The reasoning for this part is as stated in the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The grounds for this part of the rescission of the exchange contract in this case are as stated in the reasoning of the judgment of the court of first instance, except for the addition to the judgment of the court of first instance as follows. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

After the 15th of October 27, 1998, the Defendant invoked the Supreme Court Decision 98Da25184 Decided October 27, 1998, and asserts that “ even if the Defendant did not pay the interest on the obligation to guarantee the right to collateral payment of the right to collateral payment of the right to collateral payment, the instant exchange contract cannot be rescinded unless there exist any special reasons that can be deemed the same as the payment of part of the purchase price.” However, the Defendant’s obligation to pay the Plaintiff’s obligation to pay the interest on the right to collateral payment of the right to collateral payment of the right to collateral payment of the right to collateral payment of the right to collateral payment of the right to collateral payment of the right to collateral payment of the right to collateral payment of the right to collateral payment of the right to collateral payment of the right to collateral payment of the right to collateral payment of the Plaintiff’s right to collateral payment of the right to collateral payment of the right to collateral payment of the right to collateral payment of the right to collateral payment of the right to collateral payment of the Plaintiff’s right to share payment of the Plaintiff’s obligation.

However, each of the above loans shall be paid with interest.

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