계약금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 23, 2017, the Plaintiff and the Defendant entered into a sales contract with the Defendant to purchase from the Defendant the Defendant in KRW 270,000,000 (hereinafter “instant distribution contract”), which is related to the instant case, for the Plaintiff to purchase from the Defendant in KRW 30,000,000.
The harvest time: The purchase price from July 10, 2017 to July 30, 2018: 270 million won: - the down payment of KRW 90 million on February 26, 2017 - the intermediate payment of KRW 90 million after 10 days on July 5, 2018 - the special terms of KRW 90 million on July 5, 2018: The seller shall be liable when harvest is unable due to disease.
B. Accordingly, the Plaintiff paid KRW 90 million to the Defendant on February 26, 2017, and the Defendant was fixed on May 1, 2017.
However, the Plaintiff did not pay an intermediate payment of KRW 90 million to the Defendant even after May 11, 2017, which was ten days after the regular 10-day period.
C. On July 1, 2017, the Defendant sold to D the entire distribution of the instant sales contract at KRW 15 million, which was the subject of the instant sales contract, and delivered all of the distribution to D around that time.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3-1, Eul evidence 3-2, and the purport of the whole pleadings
2. Judgment as to the primary cause of claim
A. According to the Plaintiff’s assertion, the Defendant was infected with a virus that was cultivated to sell to the Plaintiff according to the instant sales contract, and thus, it was impossible to harvest crops.
Accordingly, the Plaintiff was unable to pay the intermediate payment to the Defendant in accordance with the special terms and conditions stipulated in the instant contract for the sale and purchase. The Defendant recognized this and agreed to return KRW 90 million to the Plaintiff as the down payment.
Therefore, the defendant is obligated to pay KRW 90 million to the plaintiff.
B. Each of the evidence Nos. 2 and 3 was alone written in a situation where it is impossible to harvest the Defendant’s additional viruss cultivated pursuant to the instant Pool sales contract.
For this reason, the defendant is against the plaintiff.