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(영문) 창원지방법원진주지원 2015.07.23 2014가단33921
계약금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 29, 2014, the Plaintiff purchased at KRW 1.02 billion from the Defendant, the third floor building on the ground C in Gyeongsung-gun (hereinafter “instant building”). The Plaintiff agreed to pay KRW 100 million for the intermediate payment of KRW 100 million on June 30, 2014 and the remainder of KRW 820 million on September 30, 2014 at the time of the contract.

On the same day, the Plaintiff paid 100 million won the down payment to the Defendant.

B. After that, on June 29, 2014, the Plaintiff decided to change the timing for payment of the sales price of the said sales contract between the Defendant and the Defendant, and concluded a new sales contract with the following terms (hereinafter “instant sales contract”).

Article 1 (Sale Price and Time) Sales Price shall be one billion won; KRW 100 million in an intermediate payment shall be paid on July 30, 2014; KRW 820 million in an intermediate payment shall be paid on October 30, 2014 at the time of a contract; and KRW 100 million in an intermediate payment shall be paid on July 30, 2014.

Article 6 (Cancellation of Contract) Before the Plaintiff pays the intermediate payment, the Defendant shall repay the down payment in an equal amount, and the Plaintiff may also waive the down payment and rescind this contract.

Article 7 (Non-performance of Obligations and Compensation for Damages) If the obligation under this Agreement has occurred to the defendant or the plaintiff, the other party may demand in writing the person who has failed to perform the obligation and rescind the contract.

Where a contract is rescinded, the seller and the buyer may claim damages from the other party, respectively.

Unless otherwise agreed, the criteria of Article 6 shall apply to damages.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserts to the effect that the Plaintiff would terminate the instant sales contract and seek the return of the down payment, since the Defendant deceivings the Plaintiff on the monthly income earned by the Defendant from running the telecoming business in the instant building and the value of the instant building and caused the Plaintiff to conclude the instant sales contract.

(b).

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