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(영문) 부산지방법원 2015.06.26 2014나13324
매매대금반환
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On September 16, 2013, the Plaintiff entered into a contract with the Defendant who operates the instant household store with the trade name “D” (hereinafter “the instant household store”) under which the Defendant had already been imported and displayed on the said household store (hereinafter “instant sales contract”), and agreed to pay KRW 15 million, which is a part of the purchase price on the date of the contract, and pay the remainder KRW 20 million at the same time as the receipt of the household thereafter.

B. The contract prepared by the Defendant at the time of the instant contract is stipulated as a special agreement, stating that “the purchaser shall pay 30% or more of the total purchase amount as the down payment at the time of the conclusion of the purchase contract, and pay in full the price of the goods at the same time as the delivery for the delivery, and this product cannot be modified or revoked after the contract, as it is the product of the import ordering order, and the buyer shall pay 30% or more of the total purchase amount as the penalty upon breach or cancellation of the said contract.”

C. On September 17, 2013, the day following the day of the instant sales contract, the Plaintiff visited the instant household store and asked employees of the said household store to suspend the progress of the instant sales contract upon requesting the revocation of credit card payment. On September 25, 2013, the Plaintiff sent a content-certified mail notifying the Defendant that the instant sales contract was rescinded, and around that time, the said mail reached the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 4 evidence, purport of the whole pleadings

2. The parties' assertion

A. On September 17, 2013, the Plaintiff expressed his intent to cancel the instant sales contract to the Defendant on personal grounds, and the instant sales contract was rescinded pursuant to Article 565 of the Civil Act. The amount equivalent to the down payment of KRW 15 million paid to the Defendant is KRW 1.75 million and the remainder is paid as part payments.

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