계약금 반환 청구
1. The Defendant’s KRW 40,000,000 as well as 5% per annum from April 18, 2018 to October 24, 2018 to the Plaintiff.
1. Basic facts
A. The Defendant is a dump truck owner (hereinafter “instant vehicle”).
The term “D” (hereinafter referred to as “D”) is a person whose personal information (personal name, gender, age, appearance, etc.) has not been verified until now, only by the Plaintiff and the Defendant’s side and text messages.
B. On April 2018, the Defendant posted a letter to the effect that the instant vehicle is sold on the website.
Around April 16, 2018, the Defendant requested D to arrange for the sale of the instant vehicle to which the instant vehicle was posted by phone calls, and the Defendant stated in the Defendant’s reply dated November 20, 2018, that “The Defendant sent the Internet website to sell the instant vehicle on April 15, 2018, and D called “the Defendant sent the instant vehicle to the Defendant on April 16, 2018 by phone calls to the Defendant on April 16, 2018, and called “the vehicle relation, whether a tax invoice was issued,” and the Defendant stated that “the Defendant sent the address, telephone number, and the account number to D on November 21, 2018.”
E) The photograph of the instant vehicle and the account number of the F Bank Account in the name of the Defendant were transmitted.
C. On April 2018, the Plaintiff became aware of D through G, a police officer, G, and decided to purchase the instant vehicle after introducing D the instant vehicle.
On April 17, 2018, the Plaintiff and the Defendant concluded a sales contract for the instant vehicle (hereinafter “instant sales contract”).
At the time of the conclusion of the instant sales contract, the Plaintiff was in the status of KRW 77,00,000 for the instant vehicle price of KRW 110,000,00, and the Defendant was to sell the instant vehicle to KRW 110,000.
However, the Plaintiff and the Defendant did not confirm the purchase price at the time of concluding the instant sales contract.