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Reasons
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(영문) 수원지방법원 안산지원 2017.02.02 2014가단21236
계약금 등 반환
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the manufacturing business, etc. with the trade name “E” in Hanam-si, and Defendant B is a person engaged in the manufacturing business, etc. with the trade name “G” from Ansan-si, and Defendant H is the spouse of Defendant B and is the actual operator of the above “G”.

B. On March 20, 2013, the Defendants: (a) around March 20, 2013, the Plaintiff prepared a sales contract (hereinafter “instant sales contract”); (b) the Plaintiff’s purchase price of the instant machinery from the Defendants; (c) KRW 63,200,00; (d) the intermediate payment of KRW 17,400,00; and (c) the remainder of KRW 23,200,00 (it means that the Defendants take over the Plaintiff’s existing machinery and deducts the acquisition price of KRW 12,00,000 from the remainder; and (d) the Plaintiff signed and sealed the sales contract (hereinafter “instant sales contract”); (c) the Plaintiff and the Defendants’ sales contract for the instant machinery from the Defendants to the Plaintiff’s representative; and (d) the Defendants signed and sent the contract column to the Plaintiff.

C. The Plaintiff at Defendant B’s bank account, KRW 0,000,000, as of April 9, 2013, and the same year

5.6.10,000,000 won and November 13, 191 of the same year were remitted respectively. D.

On June 30, 2014, the Plaintiff sent a notice to the Defendants that the instant sales contract will be rescinded due to the Defendants’ delay of performance, and around that time, the said notice has arrived at the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 of the parties and the Defendants concluded a sales contract pursuant to the instant sales contract, and the Plaintiff remitted KRW 20,000,000 to the Defendants as down payment. The remainder of the down payment KRW 2,300,000, out of KRW 17,800,000, the Plaintiff’s spouse paid KRW 2,300,000 as the part payment, and paid KRW 15,00,000 as the part payment.

However, the defendants are the defendants.

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