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(영문) 서울중앙지방법원 2015.09.08 2014나55436
매매대금반환등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant has one printing machine from the plaintiff to the plaintiff 1250 printing machine.

Reasons

The reasoning for the court's explanation of this case is the same as the reasoning for the judgment of the court of first instance, except as follows. Thus, this part of the judgment of the court of first instance shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. The following parts of the judgment of the court of first instance No. 4 to No. 8 of the judgment of the court of first instance shall be added.

Therefore, the Defendant shall pay the Plaintiff KRW 46,201,540, a sum of KRW 23,100,000 for the purchase price and KRW 23,101,540 for the remainder of the contract due to the cancellation of the contract and the compensation for damages, at the same time, to the Plaintiff.

Part V through 15 of the judgment of the first instance shall be deleted.

Part 5, 16, 16, and 6 of the judgment of the first instance shall be written in the following manner:

On the other hand, the plaintiff is obligated to deliver the printing machine of this case to its original state upon the cancellation of the contract of this case, and this is in the simultaneous performance relationship with the defendant's obligation to pay the above money, so the defendant is obligated to pay KRW 46,201,540 to the plaintiff at the same time as the delivery of the

If so, the plaintiff's claim is reasonable and acceptable.

As the Plaintiff changed the purport of the claim in the trial, the judgment of the first instance is modified as above.

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