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(영문) 서울고등법원(춘천) 2016.01.27 2015나1685
기타(금전)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

With respect to this case, our court's explanation is the same as the part of the reasoning of the judgment of the court of first instance, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act, inasmuch as it deducts any addition of the following Paragraph 2.

(1) The Defendant asserted that the Defendant agreed to deduct or offset the principal and interest of intermediate payments at the time of the cancellation of the sales contract with A, and that only the balance remaining after deducting or offsetting the principal and interest of intermediate payments at the time of the cancellation of the sales contract, but it is not sufficient to acknowledge the fact that the Defendant entered into such agreement with the Defendant, including the written evidence No. 4, No. 5-1 through No. 4, and No. 6, and there is no other evidence, and there is no other evidence.) The Defendant’s assertion on the waiver of the right to demand additional exemption pursuant to Article 2(1)3 of the sales contract of this case, the Defendant renounced the primary obligor’s right to claim exemption pursuant to Article 443 of the Civil Act. Thus, the Defendant’s assertion that the Defendant, the guarantor, may set off the Plaintiff’s contract deposit and the right to return the intermediate payment (hereinafter “the refund claim of this case”).

In this case, Article 2 (1) 3 of the sales contract of this case provides that if a financial institution (one bank) as the principal debtor did not pay interest, etc. on time and requested the defendant as the guarantor to fulfill his obligation to pay interest, etc., and the defendant did not comply with the contract of this case two times or more, the defendant may cancel the sales contract of this case. If the contract of this case is cancelled at the highest time, the contract of this case must be notified that the amount remaining after deducting the principal, interest, loan, interest, and penalty shall be refunded from the down payment and intermediate payment already paid. This can be interpreted as the requirements for the cancellation of the contract of this case by the defendant, and it can be interpreted as the requirements for the cancellation of the

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