손해배상(기)
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
After entering into a contract for the installation of solar power plants on October 7, 2016, the Plaintiff and the Defendant paid KRW 570 million to the Defendant under the said contract, and the fact that the Plaintiff and the Defendant rescinded the said contract on November 22, 2017 and returned the Plaintiff KRW 570 million to the Plaintiff is no dispute between the parties.
The plaintiff must pay interest around the money to be returned by the defendant pursuant to Article 548 of the Civil Code.
In the event of the cancellation of agreement, the Defendant asserts that the Defendant agreed to compensate for all damages, such as interest, etc., and sought 68,277,697 won, which is calculated to have not yet been returned after he/she appropriated to the interest, the amount returned from the Defendant.
However, a contract for rescission or rescission is a new contract the effect of which is to be terminated by both parties of the contract under the agreement and to be returned to the same state as that for which the contract was not concluded from the beginning, notwithstanding the existence of the right of rescission, and its effect is decided by the agreement, and the provisions of Article 548(2) of the Civil Act concerning the cancellation are not applied. Thus, unless there is an agreement between the parties, the parties are obliged to pay interest on the date of return of money due to the rescission of agreement.
(See Supreme Court Decision 95Da16011 delivered on July 30, 1996). In addition, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff agreed to additionally return expenses, interest, and expenses in addition to the amount received by the Defendant at the time of termination of the agreement, and there is no other evidence to acknowledge this otherwise.
Therefore, the plaintiff's primary argument is without merit.
On the other hand, the plaintiff asserts as preliminary reasons that the cancellation of agreement with the defendant is revoked on the grounds of deception by the defendant.
However, if the rescission of agreement is cancelled, the existing contract remains valid.