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Reasons
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(영문) 광주지방법원순천지원 2020.12.03 2019가단79463
매매대금반환
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1. Defendant B Co., Ltd.: (a) KRW 76,514,00 among the Plaintiff and KRW 73,514,00 among the Plaintiff, from August 1, 2018 to September 6, 2019.

Reasons

1. Facts of recognition;

A. On June 10, 2018, the Plaintiff concluded a camping Agreement with the Defendant Company on the following terms: (a) the Plaintiff entered into a campaign-free bid agreement with the three-person bareboat-based motor vehicles:

(1) When the Plaintiff cancels the contract due to a cause attributable to the Defendant Company as of July 3, 2018, the Defendant Company shall pay the contract deposit paid by the Plaintiff to the Plaintiff, and when the Plaintiff voluntarily cancels this contract, the contract deposit paid by the Plaintiff shall be reverted to the Defendant Company as penalty.

B. The Plaintiff: (a) the Defendant Company; (b) KRW 3 million on June 10, 2018; and (c) the same year.

6. 14.45,014,000 won, and the same year;

7. 20.10 million won, and the same year.

8.1.1.1. 1.2.9 million won each paid all the purchase price.

(The sum of each amount paid by the Plaintiff to the Defendant Company is KRW 73,514,00 or there is no dispute between the Plaintiff and the Defendants that the obligation to pay the purchase price was fulfilled.

However, the Defendant Company did not deliver a camping car to the Plaintiff upon the lapse of July 2018, the date of delivery agreed upon.

On August 17, 2018, the Defendant Company delivered a camping course to the Plaintiff. On August 20, 2018, the Plaintiff demanded that the Defendant Company “request the Defendant Company to disclose and end the electric lines of the vehicle height control, the electric power failure of the vehicle floor, the toilet usage method explanation, and the camping manual,” etc., and the Defendant Company sent repair until August 30, 2018.

However, as the defendant company did not perform the above repair duty, the plaintiff did not accept the camping car.

E. Upon consultation with the Plaintiff, the Defendant Company decided to deliver a camping course by February 22, 2019, and the Defendant Company notified the Plaintiff’s agent of February 21, 2019 that it is difficult to release the camping course on the ground of painting. The Plaintiff’s agent transferred the camping course by February 25, 2019.

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