계약금등 반환
1. The defendant shall pay 420,000,000 won to the plaintiff and 20% per annum from November 25, 2014 to the day of complete payment.
1. Facts of recognition;
A. The Plaintiff entered into a contract with the Gangwon-do Office of Education to provide lighting goods, etc. to the Chuncheon Central Elementary School located in Chuncheon.
B. Accordingly, between the Defendant and the Defendant on March 24, 2014, the Plaintiff entered into a contract with the effect that the Defendant supplies sports supplies to the Chuncheon Central Elementary School by June 13, 2014, and the Plaintiff paid the Defendant a total of KRW 604,80,000 to the Defendant, and the Plaintiff paid KRW 100,000 as a down payment by March 24, 2014, and KRW 320,000 as an intermediate payment by March 28, 2014, and the remainder of KRW 124,320,000 as an intermediate payment by March 28, 2014 (hereinafter “instant contract”). On the same day, the Plaintiff paid the Defendant a down payment of KRW 100,000,000 on the same day.
C. After that, on March 28, 2014, the Plaintiff paid KRW 320,000 to the Defendant as an intermediate payment.
However, the defendant did not perform the above contract, and the plaintiff requested the defendant to perform the contract several times, but the defendant did not perform this up to now.
[Reasons for Recognition] Each entry in Gap evidence Nos. 1, 3, 4, and 5 (including the relevant number), and the purport of the whole pleading
2. Determination as to the cause of action
A. According to the facts acknowledged earlier, the Defendant is obliged to deliver sports supplies to the Chuncheon Central Elementary School by June 13, 2014.
As recognized earlier, as long as the Defendant did not perform it at all until now despite the Plaintiff’s demand, it is reasonable to view that the instant contract was lawfully rescinded due to the Defendant’s nonperformance of obligation as the service of the original copy of the instant payment order stating the Plaintiff’s declaration of intent to rescind the instant contract.
B. In addition, as long as the contract of this case was terminated as above, the defendant shall restore the plaintiff to its original state the sum of KRW 420,000,000 ( KRW 100,000,000) and the payment order of this case as sought by the plaintiff after each payment day.