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(영문) 창원지방법원통영지원 2017.07.26 2017가단21410
매매대금반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 20,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from December 30, 2015 to July 26, 2017.

Reasons

1. On December 18, 2015, the Plaintiff purchased C’s vessel from the Defendant (hereinafter “instant vessel”) as follows:

(hereinafter “instant sales contract”). The Plaintiff, after concluding the sales contract, brought the instant vessel into the management for the inspection and repair of the engine to bear the costs of the Plaintiff.

On December 30, 2015, the Plaintiff paid KRW 20 million to the Defendant, and KRW 100 million out of the intermediate payment and the remainder on January 22, 2016.

As the Defendant did not receive any balance from the Plaintiff, he again carried the instant vessel in transit, and sold the instant vessel to D around April 2016.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including additional number), witness E's testimony, purport of whole pleadings

2. Determination

A. 1) The summary of the Plaintiff’s claim is that the Defendant sold the instant vessel to D and thus the Defendant’s obligation to transfer ownership to the instant vessel became impossible. The Plaintiff’s delivery of a duplicate of the instant complaint, which is the cancellation of the instant sales contract. The Defendant is obligated to pay KRW 130 million in total,00,000,000, which was sent to the Plaintiff’s account in the name of restitution and compensation for damages, for the restoration of the original claim and the payment of the down payment of KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,00

① The Defendant and E engaged in the trade of heavy vessels for about one year and seven months.

When the Defendant bears the purchase price of the ship and E concludes a sales contract by finding the ship seller and buyer, the sales profit was settled after the termination of the contract.

On March 17, 2016, the payment date of the remainder of the remainder after March 17, 2016 and the payment date of the remainder is KRW 720,000,000,000,000.

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