매매대금 반환
1. The defendant shall pay to the plaintiff 10 million US dollars and 15% per annum from August 6, 2016 to the date of full payment.
1. Basic facts
A. The plaintiff is a domestic corporation that runs the wholesale and retail business of fishery products, and the defendant is a foreign corporation that runs the business of fisheries (the Republic of the Marshall system and the public).
B. After remitting the sum of USD 500,000 as follows, the Plaintiff entered into a sales contract with the Defendant on April 9, 2016 that the Plaintiff would purchase the sum of USD 45,000 from the Defendant at KRW 1,75,000 (hereinafter “instant sales contract”).
1) C Co., Ltd. (C; hereinafter “C”) on March 11, 2016
US$ 100,000 remittances to the bank account of the defendant on March 16, 2016. US$ 400,000 remittances to the defendant's bank account.
C. At the time of the instant sales contract, the Plaintiff and the Defendant entered the payment of the price in the contract (Evidence A2) as follows.
1) The total contract amount is USD 1,755,00. 2) The buyer paid USD 500,000 to the seller in advance.
(30%) Any balance of USD 1,255,00 shall be paid at the same time as the cargo/inspection is completed at the customs warehouse. 4) The buyer may transfer money to the seller’s account or may transfer money to the seller’s representative company located in the Republic of Korea.
5) If the purchaser does not cooperate with the account transfer, USD 500,000 in advance is returned to the owner upon the breach of the contract cancellation. D) After that, the instant sales contract was rescinded on or around May 23, 2016 by the Plaintiff’s expression of intent of rescission following the Defendant’s delay of performance. Accordingly, the Plaintiff received respectively the amount of USD 300,000 among USD 50,000 in the name of the advance payment, and USD 100,000 in the name of the Defendant on June 1, 2016. [Grounds for recognition] There is no dispute, Party A’s 1,2,4, and 5 (each entry in each number, and the purport of the entire pleadings).
2. This case is subject to the cancellation of the instant sales contract against the Defendant, a Korean legal entity, who is the Republic of the Marshall system.