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(영문) 서울동부지방법원 2018.02.07 2017가단118293
매매대금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 31,345,674 and the interest rate of KRW 15% per annum from May 3, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. On April 24, 2015, the Plaintiff’s mother C (a U.S. citizen) entered into a sales contract with the Defendant for D, E-ground F Hotels 1216, and two headings 1217, which the Defendant newly built and sold.

C paid 31,345,674 won as down payment for two nursing rooms to the Defendant.

B. The intermediate payment is to be paid through a bank loan, but C did not make a loan on the ground that it is a foreigner.

C. On October 24, 2015, the Plaintiff (C’s husband and wife also are U.S. citizens) succeeded to the status of the purchaser of the instant case and entered into a sales contract with the Defendant.

However, the plaintiff did not receive an intermediate payment loan on the ground that he is a foreigner.

[Reasons for Recognition] Unsatisfy, Witness G's Testimony, and the purport of the whole pleadings

2. In full view of the purport of the entire pleadings with respect to the testimony of the witness G of the judgment on the cause of the claim, the instant sales contract is concluded on the premise that an intermediate payment loan is made by the Defendant’s guidance that foreigners may also receive an intermediate payment loan.

Unless an intermediate payment is loaned, the instant sales contract became impossible to carry out, and for this reason, the instant contract was rescinded by the delivery of a duplicate of the instant complaint containing the Plaintiff’s declaration of intent to rescind.

Therefore, the Defendant is obligated to pay to the Plaintiff the down payment of KRW 31,345,674 and damages for delay calculated at the rate of 15% per annum from May 3, 2017 to the date of full payment, which is the day following the delivery of a copy of the instant complaint to the Defendant, as the Plaintiff seeks.

3. citing the Plaintiff’s claim.

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