매매대금반환
1. The Plaintiff, Defendant B, 52,400,000 won, Defendant C, 51,000,000 won, and each of the above amounts, on August 21, 2012.
1. Facts of recognition;
A. A. On December 24, 2010, Defendant B purchased from Defendant C in 51,000 U.S. (hereinafter “instant bean”) the Republic of Korea “S. Saeung” (hereinafter “instant bean”) from Defendant C at KRW 51,00,000, and sold it to the Plaintiff in KRW 52,40,000 on the same day.
B. However, the Congo did not have any sacratic work, including part of the seeds, sacrines, or sacrines, and accordingly, approximately 40% of the bean in this case was sacrines with no commercial nature.
C. On December 26, 2010, the Plaintiff confirmed the state of bean and demanded the return of bean in this case to Defendant B on the ground that the quality is deteriorated, and Defendant B attempted to sell the bean in this case to the two sub-factory (E) through Nonparty D agricultural partnership, but the above two factories refused the purchase on the ground that the quality is not good after checking the state of bean in this case.
On the other hand, the defendant B has no means to do so.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 6, and 7 (including paper numbers), witness F testimony, fact-finding results of this court's fact-finding, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that there was a defect in the Congo of this case and that the purpose of the sales contract could not be achieved due to the above defect. The plaintiff's preparatory document dated October 12, 201, stating the plaintiff's declaration of intent to cancel the sales contract between the plaintiff and the defendant Eul and the defendant Eul in subrogation of the defendant Eul, was delivered to the defendants around that time. Thus, the sales contract between the plaintiff and the defendant Eul and the defendant Eul were completely rescinded.
I would like to say.
Therefore, barring any special circumstance, Defendant B’s purchase price of KRW 52,400,00 and delay damages therefor shall be paid to the Plaintiff, and Defendant C’s purchase price of KRW 51,00,00 for the Plaintiff seeking by subrogation of the Defendant B.