(영문) 서울중앙지방법원 2018.10.18 2018가단5009114

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(영문) 서울중앙지방법원 2018.10.18 2018가단5009114

계약금 반환 청구의 소

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1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On June 16, 2015, B entered into a contract with the Defendant on the purchase price of KRW 200,820,50 [20,082,050, and KRW 20,082,050, respectively, of the contract deposit of KRW 20,082,050 (total of KRW 120,492,30,000), the remainder of KRW 60,246,150] with respect to subparagraph 151 of the Gyeonggi-do and D E hotel located (hereinafter “instant hotel”) (hereinafter “instant sales contract”) with the Defendant on the same day, and paid the down payment to the Defendant on the same day.

In addition, B applied for a loan of the intermediate payment of KRW 120,492,00 (Badation less than KRW 120,492,00) to the gold Savings Bank designated by the Defendant, and the Defendant paid the intermediate payment to the designated account after the receipt of the intermediate payment, and the Defendant was also liable for the loan interest

B. B transferred the status of buyer on August 11, 2017 to F, and F to the Plaintiff on August 24, 2017, respectively.

C. The main contents of each of the instant sales contracts are as follows.

Article 1(Supply Prices and Payment Methods) (3) Payment of the supply amount

1. The defendant shall supply the above display property and the plaintiff shall deposit the supply price into the following bank account designated by the defendant within the designated due date for payment.

(A) Article 3 (Cancellation or Rescission of Contract) (3) The plaintiff may cancel the contract in any of the following cases due to a cause attributable to the defendant:

1. The Plaintiff may cancel this contract if it is impossible to enter the room within three months from the scheduled date of entry due to the Defendant’s direct fault.

(5) Where this contract is terminated, where a loan has been granted by a financial institution according to a guarantee by the defendant or a person designated by the defendant, the plaintiff shall repay the full amount of the loan, and the defendant shall return the balance after deducting the loan and the penalty from the paid amount first.

(2) Article 3 (3) shall apply.

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