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Reasons
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(영문) 서울고등법원 2016.07.08 2015나2057612
부당이득금
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1. Of the judgment of the court of first instance, the part against the Defendants is revoked, and the Plaintiff’s claim corresponding to the revoked part is all revoked.

Reasons

1. Basic facts

A. The Daejeon Mutual Savings Bank’s claims 1) macroc&D Co., Ltd. (hereinafter “Macc&D”)

(2) On December 3, 2007, Daejeon Mutual Savings Bank (hereinafter “ Daejeon Mutual Savings Bank”) loaned KRW 2 billion to Sc&D, KRW 1.5 billion to non-soil, and KRW 2 billion to Sc&D, and KRW 2 billion to Sc&D.

Sc&D has acquired loans from Non-P&C Co., Ltd. and Sc&C Co., Ltd. on the same day.

B. On August 28, 2007, Salim C&D and the Defendants’ sales contract 1) concluded that “The sales price shall be KRW 1.7 billion, and the remainder payment shall be paid at the due date, and the down payment shall be attributed to the Defendant A at the expiration of the due date,” with the purchase of KRW 383 square meters prior to K, and KRW 121 square meters prior to L, as “the sales price shall be KRW 1.7 billion, and the remainder payment shall be paid at the due date.”

On November 30, 2007, Sc&D paid the down payment of KRW 150 million to Defendant A.

B) The remainder payment date was extended on April 30, 2008, but Sc&D failed to pay any balance. On May 15, 2008, Sc&D offered a written confirmation to Defendant A that “if the remainder is not paid by May 30, 2008, it shall belong to the Defendant A, the down payment shall belong to the Defendant A.” However, on May 30, 2008, Defendant A was unable to pay the remainder by the end of May 30, 2008. Defendant A sent a content-certified mail that “the termination of a sales contract” to Sc&D around June 25, 2008. (2) Defendant A sent a content-certified mail to Defendant B, Nonparty M&, N,O, P, and Q (hereinafter “Defendant B”) around August 2007.

The contract amount of KRW 250 million was not paid until August 30, 2007, when purchasing KRW 2.5 billion in the R river of KRW 2.57 billion in the Namyang-si, Namyang-si. The contract was concluded to invalidate the contract.

However, Sc&D failed to pay the down payment until August 30, 2007.

(b).

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