(영문) 서울중앙지방법원 2016.11.18 2016나46702

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(영문) 서울중앙지방법원 2016.11.18 2016나46702

매매대금반환

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. According to the evidence Gap's evidence Nos. 1 through 6 as to the cause of the claim, the plaintiff purchased scooters from the defendant on January 14, 2015 in KRW 950,00 and agreed to receive documents for the registration of the transfer of scooters. The plaintiff visited the competent Gu office on January 16, 2015 for the registration of the transfer of scooters, but the above scoo was already newly registered, and it was impossible to register the transfer with the documents issued by the defendant. The plaintiff believed that the registration of the transfer of scooter is possible, and the revenue stamp fees and the purchase price of scooters, and the seal equipment that the plaintiff paid KRW 5,800 with the above fact on the same day, and can recognize the fact that the plaintiff notified the defendant and requested the return of the purchase price.

According to the above facts, since the obligation of the registration of the scooter was not or impossible due to the defendant's fault, the above sales contract was lawfully rescinded according to the plaintiff's declaration of intent to cancel the contract. Therefore, the defendant shall return the purchase price received from the plaintiff to the original state following the cancellation of the contract, return the purchase price of KRW 950,000, and pay KRW 5,800,000, which the plaintiff paid for the registration of transfer

Therefore, the defendant is obligated to pay to the plaintiff the total sum of KRW 955,800 as well as damages for delay calculated at the rate of 20% per annum from April 25, 2015 to the day of full payment, which is the day following the day when a copy of the complaint of this case was served on the defendant.

2. As such, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

참조조문

-소송촉진 등에 관한 특례법

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