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(영문) 인천지방법원 2015.01.13 2014나10908
매매대금반환
Text

1. All appeals filed by the plaintiffs are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why the court should explain this case are as stated in the reasoning of the judgment of the court of first instance except for the following additional statements, thereby admitting this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In the first instance trial, the Plaintiffs asserted to the effect that the Plaintiffs waive the down payment that they paid to the Defendant according to the instant sales contract and cancel each of the instant sales contract by the delivery of the preparatory document as of December 5, 2014. However, the Plaintiffs are the persons who received a loan from a financial institution and paid the intermediate payment pursuant to each of the instant sales contract. According to the evidence Nos. 1, 3, and 5, in the event that the Plaintiffs pay the intermediate payment at one time, the fact that each of the instant sales contracts can be cancelled due to the reasons of the Plaintiffs (Article 2(3) of the Supply Contract) is recognized, so long as the Defendant did not recognize the cancellation of each of the instant sales contracts due to the reasons attributable to the Plaintiffs, this part of the Plaintiffs’ assertion is rejected.

3. In conclusion, the plaintiffs' claims are dismissed in its entirety due to the lack of grounds, and the judgment of the court of first instance is just, and the plaintiffs' appeal is dismissed in its entirety due to the lack of grounds. It is so decided as per Disposition.

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