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1. In accordance with the selective claim of the Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) added by this court.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The reasoning for this part of the judgment of the court is as follows: (a) the part of the judgment of the court of first instance, which reads that “two years have been sentenced to a suspended sentence,” in Article 3(f) of the text of the judgment of the court of first instance, was dismissed as “the judgment became final and conclusive on July 24, 2017 after having been sentenced to a suspended sentence of two years,” and (b) except for adding the written evidence Nos. 30 and 31 to the written evidence, the same part of the judgment of the court of first instance is identical to
2. The assertion and judgment
A. The reasoning for this part of the court’s judgment and the cause for a counterclaim is the same as that 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.
B. The grounds for appeal and this part of the judgment of this court are as follows: ① even if the evidence submitted additionally by this court, such as the statement in Gap evidence Nos. 29 through 31 and testimony of witness E of the trial party, it is insufficient to recognize the plaintiff's assertion that the sales contract of this case was terminated due to the plaintiff's reasons attributable to the defendant, and thus, it cannot be held liable for the defendant's default, and even though the sales contract of this case was terminated due to the plaintiff's reasons attributable to the plaintiff, the contract of this case was confiscated as penalty, and thus the contract of this case cannot be claimed for the return of the down payment due to restitution. Meanwhile, according to Gap evidence No. 3, it is recognized that "if the sales contract of this case was terminated prior to the completion of the remaining payment, commercial expenses, vessel repair expenses and all other expenses shall be paid under Eul's responsibility" under Article 6 of the sales contract of this case. Thus, even if the repair expenses, etc. paid by the plaintiff constitute necessary expenses, it cannot be added to the defendant.