계약금반환청구의 소
1. The part of the judgment of the court of first instance against the plaintiff (Counterclaim defendant) regarding the counterclaim shall be revoked, and that part shall be revoked.
1. Basic facts
A. On May 21, 2012, the Defendant submitted to the German Fendt Company an order for the SAPHIR 495SKM Kara (hereinafter “instant Kara”) and received delivery of one of the instant Karabs in the Republic of Korea through the Masan Customs around August 22, 2012.
"SAPHIR 495SKM", a model name of the Carra in this case, is produced by the German Fendtian in around 2012, and there is no other annual formula.
B. After that, the instant car group was continuously displayed at the Defendant’s stores directly located in Pyeongtaek-si Sari, in a state of partial damage, such as having not sold the instant car for a long time and having sludged the external appearance of the vehicle.
C. On April 19, 2014, the Plaintiff visited the Defendant’s direct sales store and confirmed the instant car group. On two occasions, the Plaintiff visited the said store and the Defendant’s head office to visit the said store and the Defendant’s head office, and sought detailed explanations on the specifications, prices, etc. of 10 cars for other camping purposes and the instant car group from the employees in charge, and concluded a sales contract with the Defendant on May 1, 2014 (hereinafter “instant sales contract”).
1) Model Name: SAPHIR 495SKK aluminium 2) options: 45L 2. Sales proceeds: 4.2.29 million won in total, 12.2 million won in down payment on May 7, 2014; payment on June 7, 2014; the remainder 15 million won in total; the remainder 1,5 million won in simultaneous performance: the remainder of payment on June 30, 2014; the remainder of payment on June 30, 2014; the remainder of payment on June 4, 2014; the remainder of payment on June 30, 2014; and the documents necessary for the registration of ownership transfer.
5) The Defendant shall notify the Plaintiff of the product of this case. The Plaintiff is sufficiently aware of the product notified by the Defendant, and the Plaintiff cannot be held liable for the cancellation fee for the notified part. 6) If the sale is not made on the ground of the Plaintiff, the Plaintiff may not demand the Defendant to return the down payment.
The plaintiff on May 7, 2014 of this case.