매매대금반환
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is KRW 12,480,000 for the Defendant (Counterclaim Plaintiff).
Basic Facts
The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is an agricultural partnership established for the purpose of processing and selling agricultural products, and C is a director of the Plaintiff.
The Defendant-Counterclaim Plaintiff (hereinafter “Defendant-Counterclaim”) is an incorporated farming association established for the purpose of the business of sot Got Gota processing and joint work, and D is the representative director of the Defendant.
On August 9, 2016, the Plaintiff, such as the instant contract for the dispatch market, shall purchase from the Defendant for the Defendant at KRW 153,700,000 (= KRW 90 x 1,700,000) a total of KRW 1,50,000 per vehicle (= KRW 90 x 1,700,000), and the contract deposit shall be paid for the intermediate payment by 20% until September 9, 2016, and the balance shall be paid after the inspection, and the shipment period shall be from October 25, 2016 to November 15, 2016, and the contract deposit shall be paid by the Defendant to the Plaintiff two times the contract deposit (hereinafter referred to as “the contract deposit”). < Amended by Act No. 14370, Oct. 25, 2016>
The Defendant entered into a contract from September 2016 to purchase a worship cultivated from Chungcheongnam-gun, Chungcheongnam-gun, and Hong Sung-gun, Chungcheongnam-gun F (hereinafter “the instant drilling”) with a view to delivering the Defendant to the Plaintiff according to the instant contract for the worship.
The Plaintiff paid to the Defendant KRW 50,600,000 (= KRW 20,600,000) around September 10, 2016, and KRW 10,000,000 around September 23, 2016, and KRW 20,600,000 around October 6, 2016 (= KRW 20,600,000) around KRW 20,000).
The Plaintiff, separate from the sales contract of the instant order, such as the instant order, is separate from the sales contract. On August 2016, the Plaintiff and the Defendant were to waive the 2,500 km or more for each five ton vehicle from the Defendant.