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(영문) 광주지방법원 2019.11.22 2019나56035
계약금금반환
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. The plaintiff filed a claim for the return of the down payment against the defendants, and the defendant C filed a claim for the payment of consolation money against the defendants corporation.

The first instance court accepted a claim for the return of down payment against the Defendants, and dismissed the claim for the payment of consolation money against Defendant C. However, since only the Defendants filed an appeal against the judgment of the first instance is obvious in the record, the scope of this court’s judgment is limited to the claim for return of down payment against the Defendants quoted in the judgment of the first instance.

2. The grounds for appeal by the Defendants cited in the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, except for the following additional parts, and the fact-finding and judgment of the court of first instance are justified even if all evidence submitted in the court of first instance and the trial are examined.

Therefore, the reasoning of the judgment of this court is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following additional judgments.

Under the third and second deeds, the defendants' legal representative changed "A 2 evidence (a written agreement on the withdrawal of partners, the defendants' 2 evidence to the effect that female employees who did not have been delegated by the defendants have affixed their seals on their own. However, according to the statements in Gap7 through 15, since the defendants' seal affixed on A 2 evidence can be recognized that the defendants' seal affixed on the evidence was affixed on their own will, it shall not be accepted)" to "A 2 evidence (a written agreement on the withdrawal of partners)" and the defendants' legal representative admitted the authenticity of the evidence No. 2 from the first date for pleading of the trial.

The 5th page 13 and 14 of the 5th page "inasmuch as the contract of this case was lawfully rescinded by the Plaintiff’s exercise of the right of rescission because the contract was not in progress due to a cause attributable to the Defendant Union, the contract of this case is not in progress due to the Defendant Union’s

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