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(영문) 인천지방법원 2017.07.11 2016나56632
계약금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and the reasoning of the court’s explanation is as stated in the reasoning of the judgment of the first instance, except for determining the defendant’s assertion added at the court of the first instance. As such, this is the same as stated in the reasoning of the judgment of the first instance.

2. The amendment shall add “(s) 7, 9, and 10(s)” to “(s) 19,20(s)(s)(s)(s)(s)(7, 9, and 15(s)(s)(s)(

After the fourth 19th 19th 1 of the judgment of the first instance court, the defendant added "the defendant does not specifically reflect the details of the management expenses for each household, the statement of attempted operation, the ledger for the receipt of management expenses for each household, and the ledger for the delinquent payment submitted by the plaintiff as evidence in the court of the first instance."

The fourth decision of the court of first instance shall be deleted "after the conclusion of pleadings" in paragraph 21.

3. Matters to be judged additionally;

A. The defendant's assertion 1) The right and obligation to collect management expenses is that the plaintiff has the authority and obligation to collect management expenses, and the plaintiff has to collect management expenses and use them as a good manager's care, but the plaintiff did not fulfill these obligations. Thus, the defendant is not responsible for the defendant. 2) The defendant did not pay management expenses, which did not occur due to the defendant's failure to pay them, but the plaintiff voluntarily withdraws money from the defendant's passbook, and the shortage of management

3) In submitting the consignment contract estimate in 2009, the Plaintiff entered into the instant contract with stating that “The regular check is a monthly fixed amount of the consignment service contract, and even if losses are incurred in the form of management of responsibility, the Plaintiff shall not claim against the occupant (the Defendant). Therefore, the Plaintiff’s claim in this case is unreasonable. 4) According to Article 15(1) of the instant contract, the Plaintiff cannot claim against the Defendant for damages incurred during the management period.

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