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(영문) 창원지방법원 2014.08.22 2013가단30854
계약금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 23,00,000 and the interest rate of KRW 20% per annum from December 12, 2013 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. 1) On October 25, 2013, the Plaintiff purchased 102, 103, and 230,000,000, from the Defendant, the amount of KRW 23,000 from the Changwon-si, Sungwon-si, Sungwon-si, and the down payment of KRW 23,00,000 is paid on the date of the contract, and the intermediate payment of KRW 30,00,000 is paid on November 15, 2013; the remainder of KRW 17,00,000 is paid on the date of payment; and the remainder of KRW 17,00,00 is paid on December 13, 2013 by depositing the due date into the account in the name of each of the Defendant (hereinafter “instant sales contract”).

(2) The Plaintiff paid the intermediate payment of KRW 30,000,000 to the Defendant on November 15, 2013, which was the date of the intermediate payment payment. However, on November 18, 2013, the Plaintiff paid the intermediate payment of KRW 30,000,000.

3) On November 19, 2013, the Defendant cancelled the instant sales contract pursuant to Article 6 of the instant sales contract on the ground that the Plaintiff did not pay an intermediate payment at the time of the payment of intermediate payment (the other party may demand in writing the seller or purchaser to notify the other party of the nonperformance of the terms of this contract, and the other party may claim compensation for damages arising from the rescission of the contract, and the other party to the contract shall be deemed compensation for damages, unless otherwise agreed upon) and notified the Plaintiff to refund KRW 30,00,000 paid by the Plaintiff. On November 21, 2013, the Defendant deposited the Plaintiff as the party to the intermediate payment and deposited KRW 30,00,000 as the Changwon District Court 20,000,000 for the Plaintiff as the principal and deposited the Plaintiff as the principal and the Plaintiff deposited the intermediate payment to the Defendant on November 21, 2013.

5. However, on November 29, 2013, the Defendant again confiscated the down payment to the Plaintiff under Article 6 of the instant sales contract at the responsibility of the Plaintiff, and the instant sales contract is concluded.

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