계약금 반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Fact-finding contract name: Total amount of veterinary contract for the rehabilitation treatment of a dog: 5,00,000 won: The balance of 3,500,000 won: 2,500,000 won: Contract deposit shall be paid after concluding a contract; the remainder shall be paid after the contract is concluded; the period of manufacturing before the purchase goods are paid: approximately 40 days from the date of receipt of the contract deposit (consultation based on agreement): Gangnam-gu Seoul and the date of delivery for the first floor: Consultation;
3. After the delivery of the service, the Defendant shall gather the Plaintiff’s opinion at the request of correction from the Plaintiff and revise it as much as possible.
5. 1) If the Plaintiff and the Defendant deem that the other party are incapable of performing this contract, they shall notify the other party in writing of the intent to cancel this contract. 3) In the case of rescission of the contract for the Defendant’s nonperformance, the Defendant shall immediately refund the service cost already paid to the Plaintiff.
On July 25, 2018, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant to produce and deliver the learning machines (hereinafter “the instant goods”) during the process of checking, and the main contents of the instant contract are as follows.
B. The Plaintiff paid the Defendant the down payment amount of KRW 3,00,000 on the date of the instant contract, and paid the remainder of KRW 2,000,000 (the remittance statement shall include KRW 2,50,000,000) on August 6, 2018.
C. The term of production of the instant contract was set at approximately 40 days from the date of the contract (round September 5, 2018), and upon the Plaintiff’s request for revision, the Defendant finally determined and notified September 14, 2018 to the Plaintiff as the final delivery date.
As the Defendant did not produce and supply the instant goods until the final delivery date to the Plaintiff, the Plaintiff notified the Defendant of the implementation of the instant contract several times, and on November 27, 2018, the Plaintiff sent to the Defendant a certificate of content demanding the return of the price for the breach of the instant contract.
[Ground of recognition] Unsatisfy, A(1) through (3)