(영문) 청주지방법원 2017.06.14 2016나3028 | 리걸엔진

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(영문) 청주지방법원 2017.06.14 2016나3028

계약금반환 등

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1. The plaintiff's claim against the defendant among the judgment of the court of first instance is dismissed.

Reasons

1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion and judgment

A. The plaintiff at the claim for the return of the down payment under the first sale contract of this case was cancelled by agreement between the plaintiff and the defendant. Thus, the defendant asserts that the plaintiff is obligated to return the down payment 5,000,000 won paid by the plaintiff to the defendant according to the first sale contract of this case. However, there is no evidence to prove that the plaintiff and the defendant agreed to cancel the first sale contract of this case and the defendant agreed to return the down payment received by them. Thus, this part of the plaintiff's assertion is without merit.

B. The Plaintiff’s assertion (1) 1) Plaintiff’s assertion (1) is the Plaintiff’s assertion as to the damages claim due to nonperformance of the obligation under the instant secondary sales contract. (1) The Defendant clearly indicated that the Defendant did not perform the instant secondary sales contract on the ground that, according to the instant secondary sales contract, the Plaintiff and C (hereinafter “Plaintiff, etc.”) cooperates in obtaining a loan for the remainder of the instant real estate as security, and did not implement it despite having been registered as a cycle for registering the change to an aggregate building with respect to the instant building, and rather, it notified D, who was attracting the instant real estate, to pay the remainder at six (6) days from the date of withdrawal, and did not pay the remainder by April 16, 2015.

(2) Accordingly, since the Plaintiff notified the Defendant of the cancellation of the sales contract on August 18, 2015, the instant secondary sales contract was eventually rescinded due to the Defendant’s fault.

(3) Therefore, the Defendant is liable to pay the Plaintiff KRW 100,000,000, which is a double of the down payment, as damages for nonperformance.

B) The defendant's assertion (the plaintiff, etc. and the defendant are the second. of this case).

참조조문

-민사소송법 제420조

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