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(영문) 대전지방법원홍성지원 2017.11.14 2017가단5990
계약금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 26, 2016, the Plaintiff entered into a sales contract with the Defendant with respect to “C” ships and related fishery permits owned by the Defendant (hereinafter “instant sales contract”) and paid the Defendant the down payment KRW 120 million to the Defendant on the same day.

Ship sales contract

1. Display name of ship: C, fishery permit: 9.7 tons in total, of the improvement design, view, view, and the gross tonnage of the ship;

2.Article 1 (Purpose) of the Terms and Conditions of the Contract provides that the seller and the buyer shall pay the sales amount by agreement as follows.

- The purchase price shall be 240 million won.

-the down payment shall be paid and received at the time of the contract at KRW 120 million - the balance shall be paid at the time of transfer of documents at KRW 1220 million;

Article 2 (Transfer of Ownership) The seller shall deliver all the documents necessary for the transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price, and shall cooperate in the transfer procedure, and the delivery date of the above ship shall be the date of every year

Provided, That where a separate special agreement between a seller and a buyer is stipulated, such special agreement shall take precedence.

§ 9.7.7. Registration of the above vessels with the permission of 9.7 North Korea's improvement and lectures, view and self-help.

B. On July 10, 2017, the Plaintiff, “If all documents were prepared for the registration of vessel transfer by January 26, 2017 at the time of the instant sales contract, the Plaintiff paid the remainder of KRW 1220 million to the Defendant and received vessel transfer from the Defendant. However, until the date of vessel transfer, the Defendant extended only the next day date on the ground that the documents were not prepared until the date of vessel transfer.

By July 21, 2017, at the predetermined place until July 21, 2017, the time for the receipt of any balance has been urged by preparing all documents following the ship transfer registration as a simultaneous performance with the delivery of all the documents, and if the remainder is delayed without taking any measure within the said time limit, all the liabilities resulting from nonperformance that may occur.

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