beta
(영문) 부산지방법원동부지원 2016.06.15 2015가단19119

매매대금반환

Text

1. The defendant shall pay 5 million won to the plaintiff and 15% per annum from September 26, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On October 30, 2014, the Plaintiff concluded a sales contract with the Defendant, and with the Busan-gun Co., Ltd., the Defendant-owned, on a multi-family house with reinforced concrete and its ground-based business facilities (officetel) 456.08 square meters (hereinafter “instant sales contract”).

B. From October 30, 2014 to November 17, 2014, the Plaintiff paid the down payment of KRW 55 million to the Defendant.

C. The Plaintiff and the Defendant agreed to cancel the instant sales contract on April 20, 2015, and the Defendant agreed to return the down payment of KRW 55 million to the Plaintiff by August 3, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from September 26, 2015 to the day of full payment, which is the day following the delivery of the complaint (payment order) in this case, as the Plaintiff seeks.

3. The plaintiff's claim for conclusion is justified and accepted.