계약금반환
1. The Defendant’s KRW 37,00,000 and annual interest thereon from May 3, 2013 to March 31, 2016 to the Plaintiff.
1. The following facts of recognition do not conflict between the parties, or may be found in Gap evidence Nos. 1 to 3, Eul evidence Nos. 4 and 6 by taking into account the whole purport of the pleadings:
On May 2, 2013, the Plaintiff, who manufactures and sells fishing products under the trade name of “C,” entered into a contract with the Defendant who manufactures industrial machinery, and entered into a contract with the Defendant who manufactures the instant machinery (hereinafter “instant machinery”) for the cost of KRW 60,000,000 (contract amounting to KRW 37,000,000), and each contract to receive the manufacture and supply for a fixed period of time within 100 days from the date the order was issued for the payment period (hereinafter “instant contract”).
B. According to the instant contract, on May 3, 2013, the Plaintiff transferred KRW 37,000,000 to the Defendant’s national bank account.
C. However, the Plaintiff did not manufacture and supply the instant machinery until the expiration of the payment period.
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant breached its obligation to manufacture and supply the instant machinery under the instant contract, and on this ground, the fact that the duplicate of the instant complaint containing the Plaintiff’s declaration of intent to rescind the instant contract was delivered to the Defendant on March 31, 2016 is apparent in the record, and thus, the instant contract was lawfully rescinded.
Therefore, the Defendant is obligated to pay interest or delay damages calculated at the rate of 6% per annum prescribed by the Commercial Act from May 3, 2013 to March 31, 2016, the delivery date of a copy of the complaint of this case, pursuant to Article 548(2) of the Civil Act, to restore the said down payment 37,00,000,000 to its original state following the cancellation of the contract of this case, barring any other special circumstances, and at the rate of 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.
B. As to the judgment on the Defendant’s assertion, the Defendant only lent the name of the Defendant to E, one’s debtor, for the purpose of recovering the claim, and thus, can respond to the Plaintiff’s claim.