beta
(영문) 서울고등법원 2017.02.09 2016나2051208

정산금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 15, 2010, the Plaintiff sold the instant parcelling-out contract with the Defendant, Hanyang-gu Gable block and Hable ground I apartment 502 Dong 2801.

(hereinafter referred to as 'the instant sales contract'). (b)

On December 30, 2011, the Plaintiff asserted against the Defendant that the instant sales contract was cancelled on the grounds of deception and mistake around December 30, 2011, and asserted that the instant sales contract was cancelled in preliminary, and filed a lawsuit claiming for the total sum of the claim amount and the payment of interest and delay damages following the restitution.

[Attachment 1] The Seoul Central District Court 2012Gahap25, 2012Gahap4263 (Consolidated). [Attachment 1] (See Table 1] ① The 69,330,00 of the down payment (won) and the part payment loan 346,650,000 of the part payment loan 18,320,000 of the part payment loan of the part payment to Sungnam Agricultural Cooperative; ③ The 51,010,000 of the part payment payment of the part payment in cash (payment to be paid by the Defendant) 554,640,000 of the penalty (payment to be paid by the Defendant) 69,330,000 of the claim (i) to be paid by the Plaintiff on January 3, 2013.

(hereinafter referred to as “the first instance judgment of the case”), D. C.

(1) The Plaintiff appealed against the judgment of the court of first instance of the preceding case (Seoul High Court 2013Na15779, 2013Na15786) and reduced the claim’s claim with the purport of seeking payment of the claim amount and interest and delay damages from July 3, 2012, through the application for modification of the claim’s claim and cause of the claim as of April 17, 2015, and the following [Attachment 2] claim amount, and interest and delay damages from July 3, 2012 (the contract for sale in this case was rescinded on July 2, 2012).

The amount of the claim shall be KRW 474,359,402 on the basis of calculation, but the claim was filed in KRW 474,206,840 as follows.

1) Paragraph 1 (b) the sale price for the term payment (including a short-term loan) 485,310,000; 2) the sale price for the term payment (i) the payment for the term payment.