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(영문) 서울북부지방법원 2017.05.12 2016가단25857
계약의해제 매매물품반환 및 손해배상
Text

1. The defendant shall deliver the vehicle listed in the attached Form to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of premise;

A. On December 23, 2015, the Plaintiff: (a) sold a motor vehicle listed in the separate sheet owned by the Plaintiff (hereinafter “instant motor vehicle”) to the Defendant for KRW 6,500,000; (b) received KRW 3,000,000 as a down payment; and (c) concluded a sales contract to receive the remainder KRW 3,50,000 until February 15, 2016.

B. The instant automobile was transferred to ObP on the date of the contract, and the Defendant did not pay the remainder to the Plaintiff even after the remainder payment deadline.

[Ground of recognition] Facts without dispute, entry of Gap 2, 3, and 6 evidence, purport of the whole pleadings

2. In the premise of determination, the fact that the copy, etc. of the complaint of this case containing the Plaintiff’s intent to cancel the instant automobile sales contract on the grounds of the Defendant’s nonperformance of the obligation to pay the remainder is evident in the record, which was served on April 14, 2016 on the Defendant.

According to the above facts, since the above sales contract was lawfully rescinded on the grounds of the defendant's default, the defendant is obligated to deliver the automobile of this case to the plaintiff by restitution.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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