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(영문) 춘천지방법원 강릉지원 2021.01.12 2019나31372
손해배상(기)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport and purport of the appeal

1. The purport of the claim;

Reasons

The reasoning of the judgment of the court of first instance as to this case is to be cited by the main text of Article 420 of the Civil Procedure Act, on the grounds that the court of first instance as to this case is identical to that of the judgment of the court of first instance, except for the modification as to the part in the judgment of the court of first instance.

[Supplementary part] The following is added at the end of the 6th page of the first instance judgment.

According to the evidence evidence No. 3-6, 7, and 8, the farming associationF sentenced the judgment of the first instance court on February 19, 2019. After the first instance court was sentenced on May 22, 2019, the first instance court on July 10, 2019, which reduced the purport of the appellate court on July 10, 2019 to seek compensation for damages caused by double selling of 4,000 square meters in the previous claim, even though it is recognized that the appellate court reduced part of the claim in the damages claim in the above case, the farming associationF did not have any reason to change the defendant's duty pursuant to the agreement on the pre-sale, namely, the defendant's duty to deliver to the Plaintiff the ship with the mature spawn in the harvest season, which shall be added to the following subparagraph No. 15 of the first instance judgment on July 5, 2019.

“In regard to this, the Defendant heard the question that E is trying to double selling a ship, and urged the Plaintiff to harvest the ship as soon as possible, but the Plaintiff did not harvest the ship, and thus, H, which double purchase of the ship from E, did not have any reason to return to the Plaintiff, as it did not deliver the ship the ship he contracted to the Plaintiff. However, the Defendant’s assertion on the part above is that, in a case where a part of the right, which was the purpose of the sale, belongs to another person, becomes unable to transfer part of the object of the sale, the seller claims reduction of the price at a rate of that part, and thus, the seller’s claim for reduction of the price is recognized regardless of the reason to return to the seller.

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