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(영문) 서울중앙지방법원 2015.10.01 2014가단176561
계약금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 80,000,000 won and 5% per annum from May 16, 2013 to January 25, 2015.

Reasons

1. Basic facts

A. On May 16, 2013, the Plaintiff entered into a contract with Defendant B and C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to purchase ten 10 c10 million won per unit for camping (310 million won per unit) and paid KRW 80 million as part of the down payment on the date of the contract.

B. The Defendant Company failed to deliver Kara to the Plaintiff even though the delivery date of Kara was within 45 days from the contract date.

Accordingly, on July 30, 2013, the Plaintiff and the Defendants: (a) revised the above contract, and sold 93 million won for Kara team; and (b) determined the delivery date of Kara team as September 25, 2013.

C. However, the Defendant Company failed to supply the Carra by the changed date.

Accordingly, on October 11, 2013, Defendant D, the representative director of Defendant C, prepared a letter that he would be jointly and severally liable to the Plaintiff for delay in delivery with the Defendant Company.

Then, on October 30, 2014, the Plaintiff notified the Defendants of his intent to cancel the sales contract on the grounds of delay in delivery of the documents.

【Defendant B’s ground for recognition】 Defendant C, D: Defendant C, the purport of the entire pleadings

2. According to the facts of the above recognition, the sales contract of this case was rescinded by the Plaintiff’s declaration of intent for the reason of the Defendants’ breach of duty, and the Defendants, the parties to the contract or joint and several sureties, as joint and several sureties of contractual obligations, jointly and severally recover the amount of KRW 80 million paid to the Plaintiff due to the cancellation of the contract, and the date of the final delivery of the complaint from May 16, 2013 to January 25, 2015, which is the final delivery date of the complaint of this case, are 5% per annum under the Civil Act, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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