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(영문) 수원지방법원 2017.07.20 2016가단804806
계약금등반환청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 4, 2016, the Plaintiff entered into a contract with Defendant C to purchase a large truck for transport of freight (hereinafter “instant vehicle”) that is contained in the new straws Co., Ltd. from Defendant B (hereinafter “instant sales contract”) with the following terms (hereinafter “instant sales contract”).

On November 30, 2016, the date of delivery of the instant vehicle, on November 30, 2016, the payment of the remainder of KRW 77 million for the purchase price and the date of the instant vehicle transfer is subject to the cancellation of the instant sales contract when defects occur in the instant vehicle

(hereinafter referred to as “instant rescission clause”). B.

The Plaintiff, as the instant purchase price, remitted KRW 27 million to Defendant C’s bank account on November 4, 2016 and KRW 27 million on November 12, 2016.

C. Defendant C paid KRW 24 million out of the above KRW 27 million (hereinafter “instant payment”) to Defendant D.

On December 1, 2016, the Plaintiff was returned from Defendant C, etc. KRW 3 million out of the above KRW 27 million.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, 7 (if available, including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. The Plaintiff’s assertion ① (a) when the Plaintiff wishes to take over the instant vehicle, there was a defect in the pressure valves of the said vehicle.

(b) The instant vehicle is in a state in which the upper and rear parts were unlawfully altered and thus cannot be subject to regular inspection. The Defendants did not notify the Plaintiff at the time of conclusion of the instant sales contract.

The Co., Ltd. has the duty to deliver the instant vehicle to the Defendant by attaching the new car number plate of the new car number plate to the instant vehicle. At present, the above car number plate was removed, and the Defendants could not perform the said duty.

㈃ 이에 원고는 이 사건 매매계약 및 해제 조항에 따라 이 사건 소장부본의 송달로 위 매매계약을 해제한다.

Therefore, Defendant C, who introduced the instant vehicle to the seller, Defendant B, or the defective seller.

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