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(영문) 대구지방법원 2016.07.14 2015가단44929
차량계약매매대금반환
Text

1. The Plaintiff:

A. Defendant B’s KRW 170,000,000 and interest rate of KRW 15% per annum from November 26, 2015 to the date of full payment.

Reasons

1. Determination as to the Defendant Company’s claim against the Embane Co., Ltd. (hereinafter “Defendant Company”).

A. (1) The Plaintiff entered into a sales contract with the Defendant Company to purchase ten Smart Vehicles, and accordingly, paid KRW 170 million to the Defendant Company, but failed to receive the above vehicle. However, the Plaintiff asserted that the above sales contract was cancelled on the ground of nonperformance of obligations under the above sales contract, and sought the return of the above sales price. In full view of the purport of the arguments in the health account, Gap evidence No. 1 through 4, and evidence No. 8-1, No. 8-2, and 3, the Plaintiff’s statement of intent to cancel the sales contract is evident that each of the above facts contained the Plaintiff’s declaration of intent to cancel the sales contract on October 18, 2015 and Nov. 3, 2015 among the Defendant Company’s employees delegated with the authority to conduct the duties of the Defendant Company’s business, and concluded a sales contract with the Defendant Company to purchase three and seven (100,000 won in total from the Defendant Company, and transferred the above KRW 160,820,000.

3) Accordingly, the Defendant Company is obligated to return the above purchase price of KRW 168,200,000 to the Plaintiff, but with regard to the remaining KRW 1.8 million, it can only be recognized that the Plaintiff paid the vehicle transport price to the Defendant Company, not to the Defendant Company, but to the Defendant Company, and there is no evidence to acknowledge the fact that the Plaintiff paid it as the purchase price to the Defendant Company. Therefore, the Plaintiff’s claim is reasonable only for KRW 168,200,00 as to the above KRW 168,200,000,000,000,000,000,000,000,000,0

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