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(영문) 대구지방법원 2018.11.01 2018나302887
계약금 반환 등
Text

1. All appeals on the principal lawsuit and counterclaim by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning for the judgment of the court of first instance, except for dismissal or addition of some contents as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The third and fifth written judgments of the court of first instance are paid in the same manner as “the payment is made”.

The following shall be added to the 7th sentence of the first instance court:

In light of the following circumstances known by the Plaintiff from June or July 2016, 2016, the period during which the agency contract transfer obligation under the instant sales contract was due is due, and the Defendants failed to perform their obligations and cannot pay the balance of the purchase price unless the agency registration was modified. However, the Plaintiff’s aforementioned defense cannot be deemed due on February 1, 2016, because the period during which the agency transfer obligation under the instant sales contract was due is not specified in the sales contract, and it cannot be deemed that the period during which the agency transfer obligation under the instant sales contract was due. In light of the fact that the Defendants’ agency transfer obligation and the Plaintiff’s agent’s agent’s agent’s agent’s agent’s obligation to pay the balance of the purchase price cannot be deemed to be simultaneously performing obligations, and that the Plaintiff’s aforementioned defense cannot be deemed to be due.”

2. In conclusion, the judgment of the court of first instance is legitimate, and all appeals against the principal lawsuit and counterclaim of this case are dismissed as it is without merit. It is so decided as per Disposition.

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