beta
(영문) 대구지방법원서부지원 2016.04.22 2015가합1599

계약금반환 및 손해배상

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 27, 2015, the Plaintiff agreed to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant at KRW 2.38 billion (hereinafter “instant sales contract”) and agreed as follows (hereinafter “instant sales contract”). On the date of the contract, the Plaintiff transferred the down payment to the Defendant one hundred million won out of the down payment.

(1) Of the down payment of KRW 250 million, the Plaintiff shall pay KRW 100 million on the date of the contract, and KRW 150 million on May 15, 2015, and KRW 200 million on the intermediate payment of KRW 600 million by the end of June 2015, KRW 400 million by the end of August 2015, and KRW 1.53 billion on the remainder of KRW 1.53 billion by November 30, 2015.

d. At the same time, the defendant shall deliver eight copies of the written consent for land use for authorization and permission to the plaintiff, and actively cooperate with the authorization and permission.

B. On May 15, 2015, the Plaintiff did not pay KRW 150 million, which is the down payment balance, and notified the Defendant of the payment of the down payment by May 18, 2015 through an individual C through May 16, 2015, the following day.

In addition, on May 18, 2015, the Plaintiff, as an individual C and its wife, notified the Defendant through D, an intermediary assistant, that only KRW 150 million, which is the remainder of the down payment, should be paid first, and the remainder of KRW 50 million should be paid by the end of June 2015, which is the date of the intermediate payment payment.

However, the Plaintiff transferred not only KRW 100 million on that day, but also KRW 90 million on that day.

C. Accordingly, on May 21, 2015, the Defendant sent to the Plaintiff a certificate of content that “the Plaintiff did not pay KRW 150 million out of the contract amount until May 15, 2015, which was due to the payment date, and remitted only KRW 90 million among them on May 18, 2015, and on the ground that there was no contact, and thus the contract is terminated on the ground that the contract deposit is unpaid,” but upon the recipient’s unknown return (the Plaintiff sent the certificate of content to the buyer’s address under the sales contract). On May 29, 2015, the Defendant returned the same content again to the Plaintiff (the broker sent the certificate of content to the Nonparty, who was known by the broker), but returned it again to the addressee’s unknown (the broker sent to the Gyeong-gun E), and on June 4, 2015, the Defendant sent the same certificate to the Plaintiff again.