매매대금반환
1. The Defendant (Counterclaim Plaintiff) is 2,000,000 won and 6% per annum from September 13, 2016 to the date of full payment.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant is a company running a camping car and camping-routr retail business, and the Plaintiff is a personal business entity engaging in a building business related to image and sound.
On September 5, 2016, the Plaintiff intended to purchase a camping vehicle (a model name: HA2850) from the Defendant to use it as an office and a lodging at the construction site, and paid the Defendant an advance payment of KRW 2,00,000,000 on September 12, 2016.
Article 3 [Lease Term] Article 4 / [Lease Fee] (1) Rent: 12,00,000 won (payment of KRW 2,000,000 on September 2, 2016, and KRW 10,000 on October 10, 2016, and payment of KRW 24,000 after the expiration of the lease term: < Amended by Presidential Decree No. 27790, Nov. 5, 2016; Presidential Decree No. 24000, Oct. 10, 2016; Presidential Decree No. 20000, Jun. 5, 2018)
(4) Rent shall be paid in advance to the designated account by five days.
Article 5 [Duty of Management] (1) The Plaintiff shall maintain and manage the instant resort at the Plaintiff’s expense.
Provided, That matters caused by defects of vehicles shall be dealt with in accordance with the provisions of the defendant A/S.
Article 7 [Termination of Contract] The plaintiff and the defendant shall not terminate this contract by either of the following notice, except:
(1) Where the original and the defendant has been unable to continue his/her business due to bankruptcy, liquidation, etc. <2> Where the original and the defendant have reversed this contract by mutual agreement, the time when the monthly rent has occurred or has made a delayed payment shall be borne pursuant to Article 10.
Article 10 [Termination and Completion] (1) The plaintiff shall bear 250,000 won per installation cost (700,000 won per rent for the carriage of freight at the time of lease) in the event of termination of the contract and the receipt of scrap during the contract period.
(3) Upon termination of a lease period, one-third of the rents for the remainder period shall be borne as penalty.
B. On October 17, 2016, the Defendant’s employee is from the Plaintiff’s project site in Jung-gu Incheon, Jung-gu, Incheon, where the Plaintiff’s construction site is located.