매매대금반환
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. On November 29, 2013, the Plaintiff purchased KRW 26 million from the Defendant’s secondhand A84.2 Q motor vehicle from the Defendant, and paid KRW 26 million on the same day. As a result of the trial operation of the said motor vehicle, warning, etc. on engines, etc., the Defendant left the said motor vehicle to several industrial companies, but was not delivered to the Plaintiff due to the completion of repair, and the name of the motor vehicle was not transferred to the Plaintiff. The Plaintiff demanded delivery and transfer of the motor vehicle to the Defendant several times, and the fact that the Plaintiff’s complaint was delivered to the Defendant on August 2, 2016 by the Plaintiff’s complaint containing the intent to cancel the sales contract due to the Defendant’s delay was delivered to the Defendant on August 2, 2016, can be acknowledged by comprehensively taking into account the purport of the entire pleadings in the statement in subparagraphs A through 8.
According to the above facts, the above sales contract was rescinded due to the delay of the performance of the defendant. Thus, the defendant is obligated to pay to the plaintiff interest or delay damages calculated at the rate of 5% per annum under the Civil Act from November 29, 2013 to August 2, 2016, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, unless there are special circumstances.
As to this, the defendant argued that F requested the sale of the above automobile to F and the plaintiff to purchase it, and that F and the plaintiff are not the parties to the sales contract. Therefore, the plaintiff alleged that F and F are not the parties to the sales contract. In other words, the plaintiff and the defendant had a friendly relationship, such as working for the same used vehicle intermediary, the price of the above automobile was determined by the agreement between the plaintiff and the defendant, and the sale price was deposited in the defendant's account. On the other hand, F and the plaintiff were deposited in the defendant's account.