logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원서산지원 2017.08.22 2016가단52595
매매대금반환
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) shall pay KRW 1,000,000 to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. The Defendant operated Dental Institute (hereinafter “instant private teaching institute”) on the third floor of the C-ground Building at the time of the truth-finding.

On November 2015, the Defendant placed a job offer advertisement to recruit instructors of the instant private teaching institute in the early police officer, and the Plaintiff reported the said advertisement to the Defendant.

B. After that, the Plaintiff and the Defendant decided to accept the instant private teaching institute, and on November 12, 2015, drafted a contract to sell and purchase a private teaching institute (hereinafter “instant contract”).

(Plaintiffs, on November 11, 2015, remitted the down payment of KRW 2 million to the Defendant. The main contents are as follows:

Premiums: 17 million won of a down payment of KRW 2 million and the balance shall be paid by December 19, 12.

In the internal station: It shall include all nine equipment, etc. of the Pianno.

It shall be understood by 10% under mutual agreement among 30 original students, and shall be deleted from premium when there is a shortage of foreign personnel.

If the number of persons other than this is insufficient, 20,000 won per person shall be deleted from the premium.

The building is automatically dismissed if there is any defect in the building.

If the seller has terminated this contract, he shall compensate the buyer for the amount double the down payment, and if the buyer has paid the down payment, this contract shall be null and void, and the down payment shall not be refunded.

C. On December 22, 2015, the Plaintiff sent to the Defendant the content-certified mail demanding the payment of down payment of KRW 2 million and penalty of KRW 2 million, on the ground that the number of students of the instant private teaching institute did not reach the original students specified in the contract, the Defendant committed deception in the process of concluding the contract, and the trust relationship between the parties was destroyed, and that the contract was reversed on the ground that there is any defect in the building of the instant private teaching institute, and that there is a defect in the building of the instant private teaching institute.

On January 21, 2016, the Defendant determined and transferred the instant private teaching institute as premium of KRW 9 million (based on 13 original students) to E.

On May 18, 2016, the Plaintiff: (a) “Public official” on May 18, 2016

The author tried to accept defendant D at the last time.

arrow