인수대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The fact of recognition that the Plaintiff, around November 4, 2013, purchased treatment 19 tons of low-end car truck C (hereinafter “instant truck”) from the Defendant with the purchase price fixed at KRW 20 million, at the time of the contract, the Plaintiff paid the Defendant a down payment of KRW 10 million out of the purchase price, the remainder of KRW 10 million, and the Plaintiff and the Defendant agreed to pay the remainder of KRW 10 million later. In addition, when the contract is terminated, the Plaintiff and the seller agreed to pay the down payment as penalty for breach of contract, and the Plaintiff agreed to give up the down payment as the penalty for breach of contract for breach of contract, and the Plaintiff, the buyer, at the time of the termination of the contract, agreed to give up the down payment as the penalty for breach of contract. The fact that the Plaintiff received the instant truck from the Defendant and was engaged in the transportation until October 2014 does not conflict between the parties, or that it is recognized by comprehensively taking account of the overall purport of pleadings as indicated in the evidence No. 1, No.
2. The sales contract for the instant vehicle between the Plaintiff and the Defendant should be revoked by deceiving the Plaintiff as follows, and the instant sales contract was terminated on the grounds that the Defendant is responsible for the Defendant. Therefore, the Defendant is liable to pay the Plaintiff a penalty for breach of contract the amount of KRW 20 million, which is a double payment of the down payment, and the delay damages therefor.
The Plaintiff purchased the instant truck from the Defendant, who is the father of D around October 2013, as the introduction of D, a kind of friendship from high school.
B. At the time, the Defendant: (a) the instant truck is a non-accidentless vehicle; (b) the monthly sales of the instant truck is at least KRW 15 million; and (c) the monthly sales of the truck is at least KRW 4,500,000,000 if the cost of oil bags, etc. is deducted; and (d) the instant truck is registered as owned by a limited liability company in the form, but is actually owned by the Defendant, and thus, the Plaintiff acquires the instant truck.