(영문) 서울서부지방법원 2019.05.09 2018가합36809

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(영문) 서울서부지방법원 2019.05.09 2018가합36809

매매대금

Text

1. As to the plaintiffs' KRW 1,733,566,04 and KRW 1.5 billion among them, the defendant shall be from May 19, 2018, and KRW 233,56,04.

Reasons

1. Determination as to the cause of claim

(a) Facts of recognition: To be as described in Appendix 1 through 4, 5-A, and 6, among the grounds for the changed claims;

(b) Grounds for recognition: Facts without dispute;

C. According to the conclusion of the lawsuit, the sales contract of this case between the plaintiffs and the defendant was cancelled by the plaintiffs on the grounds of fraud by a person who is authorized to act as an agent for the defendant, barring special circumstances, the defendant is obligated to pay to the plaintiffs the total of KRW 1.7 billion, the total of KRW 233,56,044, and the total of KRW 1,933,566,044, as compensation for damages, and interest or delay damages.

2. The defendant's defense of set-off against the defendant is defense that the defendant set-off against the defendant's above claim for return of unjust enrichment of KRW 200,000,000 which is paid under the name of the lease deposit against the plaintiffs against the defendant

On August 27, 2018, there is no dispute between the parties that the contract for the sale of this case was cancelled on August 27, 2018, where the defendant delivered to the plaintiffs a copy of the complaint of this case stating that the contract for the sale of this case was 200 million won under the name of the lease deposit as referred to in the above contract for the sale of this case.

Therefore, the defendant may claim against the plaintiffs the return of the above KRW 200 million as unjust enrichment due to the cancellation of the above contract.

Ultimately, the Plaintiffs’ claim for return of unjust enrichment against the Defendant and the Defendant’s claim for return of unjust enrichment against the Plaintiffs were established as of August 27, 2018 when each of the above sales contract was cancelled, and the Defendant’s declaration of intent to make a performance or sought a performance of the set-off becomes due at the time when the other party reaches the other party.

Therefore, it is recorded that the above two claims were served on the plaintiffs on April 17, 2019, stating the defendant's declaration of intention of offset at the latest.

유사 판례

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