logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.09.06 2017가단122458
계약금반환
Text

1. The defendant shall pay 5,00,000 won to the plaintiff and 15% per annum from September 16, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. On January 18, 2017, the Plaintiff entered into a sales contract with the Defendant for the purchase of KRW 332,00,000,000 for the instant land among the instant forests and fields, and KRW 55,00,000 for the remainder payment on the date of the contract and KRW 277,00,000 for the remainder payment on March 30, 2017, and for the remainder payment on March 30, 2017 (hereinafter “the instant sales contract”).

B. As to the instant sales contract, the Plaintiff paid KRW 5,000,000 to the Defendant as the down payment on December 29, 2016, and paid KRW 55,000,000 in total as the remainder down payment on January 18, 2017.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the instant sales contract was rescinded on the ground of the Defendant’s nonperformance of obligation, and asserted that the instant sales contract was revoked on the grounds of deception as a selective cause of claim, and sought the return of the down payment already paid to the Defendant.

B. First, we examine the argument that the instant sales contract was rescinded on the ground of the Defendant’s nonperformance of obligation.

(1) In full view of the witness D’s testimony and evidence Nos. 7, 2, 3, 4, and 6’s testimony, the following facts may be acknowledged.

At the time of concluding the instant sales contract, the Plaintiff was unable to make a loan to D, who was in charge of entering into the instant sales contract in the Defendant Company, KRW 200,000,000, out of the sales price of KRW 332,000,000.

arrow