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(영문) 서울고등법원 2019.07.17 2019나2000133
손해배상(기) 등
Text

1. The plaintiff's appeal is dismissed.

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

The primary purport of the claim is:

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, in addition to the following parts, and thus, it is acceptable in accordance with the main sentence of Article 420 of the

[Attachment] From 5th to 5th end of the first instance judgment, the following subparagraphs are met.

"Therefore, the plaintiff's conjunctive claim based on the premise that the plaintiff had cancelled the sales contract of this case on the ground of the defendant's failure to perform his/her duty due to the reasons attributable to the defendant, is without merit (the plaintiff's assertion of cancellation of the contract of this case on the grounds of the defendant's non-performance is without merit, and as seen earlier, the sales contract of this case was lawfully rescinded by the defendant's declaration of cancellation on the grounds of the plaintiff's non-performance. However, the plaintiff's claim for the conjunctive claim of this case is only restitution on the grounds of the plaintiff's cancellation of the contract, but it does not constitute restitution on the grounds of the plaintiff's cancellation of the contract, and even if the defendant'

2. Conclusion, the plaintiff's primary and conjunctive claims shall be dismissed as it is without merit.

Unlike this conclusion, the part against the defendant among the judgment of the court of first instance which partially accepted the plaintiff's conjunctive claim is unfair, but it cannot be modified to the judgment of the court of first instance so that it is favorable to the defendant who did not file an appeal and disadvantageous to the plaintiff who is the appellant. Thus, only the plaintiff's appeal without justifiable grounds is dismissed. It

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