(영문) 수원지방법원 2019.09.25 2018나12237

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(영문) 수원지방법원 2019.09.25 2018나12237

손해배상

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The plaintiff claimed against the defendant for reimbursement of KRW 3,30,000, KRW 4,000, KRW 400,000, and KRW 5,000,000 on behalf of the defendant.

The court of the first instance dismissed the claim for wages and the claim for reimbursement, and accepted the claim for the amount of 3,330,000 won for brick payments. Accordingly, the plaintiff appealed only for the portion of the claim for wages and the claim for reimbursement against which the plaintiff lost.

Therefore, the scope of the judgment of this court is limited to the claim for wages and the claim for reimbursement against the judgment of the first instance.

2. Basic facts

A. On April 30, 2018, a sales contract with respect to the size of 1,620 square meters before C was concluded on April 30, 2018, which requires the seller to pay KRW 90,000,000 for the purchase price, KRW 90,000,000 for the Plaintiff and one other (the Plaintiff’s address and resident registration number are indicated only in the Plaintiff’s column), and KRW 9,000,000 for the down payment until April 30, 2018 (hereinafter “instant sales contract”). Article 6 of the sales contract provides that the seller shall compensate for the amount of the down payment with penalty for breach of contract and the buyer shall not claim the return of the down payment.

D) On the same day, D issued a receipt of KRW 9,00,000,000, with the addressee as well as the plaintiff and one other.

B. However, on May 23, 2018, the Plaintiff: (a) concluded the instant sales contract without visiting the Plaintiff and one other (the Defendant) without visiting the site; (b) however, after entering into the sales contract, the Plaintiff sent a content-certified mail to the effect that the instant sales contract was terminated (cancellation) and the return of the down payment was sought on the ground that, if an access road is established as a result of the actual visit after entering into the sales contract, the area of the housing that can be constructed was small, and the purpose of the sales contract could not be achieved; and (c) reached D

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