(영문) 전주지방법원 2018.11.09 2017가단19625

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(영문) 전주지방법원 2018.11.09 2017가단19625

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 23, 2017, the Plaintiff concluded a sales contract with the Defendant for shipping the instant swimming boxes (hereinafter “instant sales contract”) from June 30, 2017 to July 5, 2017, when purchasing KRW 44,200,00 for the instant swimming boxes cultivated by the Defendant (hereinafter “instant swimming boxes”).

B. On May 23, 2017, the date when the contract was concluded, the Plaintiff paid KRW 20,000,000 to the Defendant as the down payment, and the remainder KRW 24,20,000 to the Defendant as the down payment was agreed to pay the down payment.

C. On August 5, 2017, the Plaintiff sent text messages revoking the instant sales contract to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was that the Plaintiff was unable to ship the instant swimming boxes because the Plaintiff’s failure to perform the Defendant’s duty to manage the water temperature on the land inside the instant swimming pool or the instant swimming pool with a high temperature of soil, thereby failureing cultivation, and the remainder which was not dead was disposed of to a third party at his discretion.

Therefore, the Defendant’s obligation to hand over the instant case to the Plaintiff was impossible due to the Defendant’s cause attributable to the Defendant, and the Plaintiff expressed his/her intent to cancel the instant sales contract on August 5, 2017 (or to cancel the contract as the delivery of the claim and the application for modification of the cause of the claim as of August 30, 2017). As such, the Defendant is obligated to return KRW 20,000,000 to the Plaintiff as the contract deposit to its original state.

B. The Defendant’s assertion that the failure in cultivation of the instant swimming pool was not caused by tobacco cultivation, but due to the abnormal phenomenon of force majeure, and the duty to deliver the instant swimming pool to the Plaintiff is not impossible due to the Defendant’s fault.

The defendant on June 10, 2017 to the plaintiff.

유사 판례

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