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(영문) 서울고등법원 2016.10.28 2016나2018041
계약금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

Basic Facts

The following facts are not disputed between the parties, or acknowledged by considering the whole purport of the pleadings as a whole on Gap evidence of 1 to 5, Eul evidence of 1 to 7 (including serial numbers) and witness H of the trial.

[1] The plaintiff is a person who is engaged in the water cargo transport business in Incheon in the name of "C", and the defendant is a person who operates the vessel chartering business under the trade name of "D" in Ulsan.

On December 28, 2012, the Defendant purchased “E” (the Ulsan Metropolitan City, the gross tonnage of 4,603 tons, hereinafter referred to as “instant barge”) and “C” (the gross tonnage of 271 tons, hereinafter referred to as “the instant baseline”) from Hanjin Co., Ltd. and completed the registration of ownership transfer on January 15, 2013 by purchasing “E” and “B” (the instant baseline, the Ulsan Metropolitan City, the gross tonnage of 271 tons, and the said two vessels are combined).

The instant baseline was a vessel which had undergone regular inspections on May 21, 2012, and received the result that all the matters, including engines, were normal.

[2] On July 3, 2014, the Plaintiff: (a) confirmed each of the instant vessels on the land and received the pre-paid inspection report related to the said regular inspection, and subsequently, (b) decided to purchase each of the instant vessels from the Defendant for KRW 1.5 billion; and (c) constitutes the instant sales contract.

B. On the same day, 125 million won or less as the down payment to the defendant on the same day shall be referred to as "the down payment of this case".

In the sale of the above vessel, the purchaser shall pay the purchase price as follows: 1.5 billion won (excluding value-added tax): the intermediate payment paid on July 3, 2014: 300 million won: The remainder that is paid on July 23, 2014: A value-added tax shall be paid on August 18, 2014 (the value-added tax shall be paid separately at the time of late payment):

Article 2 The name map of the above vessel shall be August 18, 2014.

Article 4 The seller shall make all the documents required for the registration of transfer of ownership at the time of receipt of any balance.

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