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1.The judgment of the first instance shall be modified as follows:
The defendant is about C Ecuas car from the plaintiff.
Reasons
1. The reasoning for the court’s explanation as to this case is as follows, except as to the concurrent performance defense added by the defendant in the trial of the court of first instance, the part of the reasoning for the judgment of the court of first instance is as stated. Thus, we decide to accept this as it is by the main text of Article 420 of the Civil Procedure Act.
2. The defendant's judgment on the simultaneous performance defense of the defendant can not respond to the plaintiff's claim until the plaintiff is returned with C Ecoos car. The defendant's simultaneous performance defense is allowed.
On the other hand, when a contract is terminated, the parties to the contract bear the obligation of restoration of the original state and the obligation of compensation for damages against the other party. In this case, not only the obligation of restoration of the original state borne by the parties to the contract but also the obligation of compensation for damages are concurrently performed.
However, in the event of the exercise of the right of statutory rescission, it is stipulated in Article 548(2) of the Civil Act that requires the addition of legal interest from the time when one of the parties received the money when it comes to return the money. This is within the scope of restitution, and it does not result from a delay in the performance of the right of return. Therefore, when the sales contract is terminated, the seller shall pay in addition the legal interest at the rate of 5% per annum, which is the legal interest rate stipulated in the Civil Act, for the sales price to be returned by the seller, regardless of whether the duty of return of the sales price and the duty of return of the object
Therefore, at the same time, the Defendant’s implementation of the procedure for cancellation of ownership transfer registration for CAccus vehicles and the delivery of the said car from the Plaintiff, and at the same time, the Plaintiff’s statutory interest rate of 5%, which is the legal interest rate of the Civil Act, from November 12, 2014 to the date of full payment, for KRW 13,500,000, which is the restoration of the original status as restitution and compensation for damages, to the Plaintiff.