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(영문) 수원지방법원 평택지원 2018.06.22 2017가단9522
계약금 등 반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 113,300,000; and

A. On June 22, 2017, KRW 9,6650,000,000 of the said money.

Reasons

1. Facts of recognition;

A. On May 16, 2017, the Plaintiff entered into a contract to sell a special car, and purchased through the Defendant Company B, a selling company, at 8.5 tons of treatment, which became a feed tank booming booming, on the following terms (hereinafter “instant special car sales contract”).

The total price of KRW 145 million KRW 16.5 million is paid on the day of the contract, the intermediate payment of KRW 9,635 million on the day before the delivery of the vehicle, the remainder of KRW 32 million on the day before the delivery of the vehicle, the delivery date of the vehicle to be paid as payment in kind on the date of delivery, the delivery date of the vehicle to be delivered as payment in kind on July 30, 2017, and the receipt date of the vehicle is not made on the delivery date, the down payment is not specified in the contract to be reverted to the seller in accordance with statutes and commercial practices.

B. On May 16, 2017, the Plaintiff paid KRW 16.65 million to Defendant B Co., Ltd. as down payment. At the request of Defendant C, the Plaintiff paid KRW 30 million as part of the intermediate payment, and KRW 50 million as part of the intermediate payment around June 15, 2017, and KRW 96.65 million as of June 21, 2017, respectively.

C. After July 30, 2017, the date of the Defendant’s default and termination of a sales contract, Defendant B, a corporation, was unable to deliver a special motor vehicle to the Plaintiff upon the lapse of July 30, 2017, which is the date of the delivery agreement for the special motor vehicle, and the Plaintiff notified the Defendant B to perform the contract on August 8, 2017. On the same day, the Plaintiff received a ex-factory notice stating that “if he/she violates this, he/she delivers the special motor vehicle to September 28, 2017, and recognizes civil and criminal responsibilities” from Defendant B, while Defendant C, a representative director of Defendant B, is also repaid the principal and interest of the purchase price for the special motor vehicle.

‘The letter of guarantee' has been accepted.

(2) However, the Defendant Company B failed to deliver a special motor vehicle by September 28, 2017, and the Plaintiff’s rescission of the instant special motor vehicle sales contract to the Defendant Company B around October 20, 2017.

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