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Reasons
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(영문) 대전지방법원 2018.10.05 2017가단210904
매매대금반환
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1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from June 1, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. On March 2, 2016, the Plaintiff, as his/her agent, purchased at KRW 50 million in the amount of KRW 165 square meters, KRW 588 square meters, KRW 179 square meters, and KRW 3302 square meters (hereinafter “each of the instant real estate”) owned by the Defendant, and entered into a sales contract with the Defendant on November 1, 2016, with the content that the Plaintiff pays the remainder of KRW 400 million on the day of the sales contract, KRW 50 million, and KRW 100 million on May 30, 2016 (hereinafter “instant sales contract”).

B. The Plaintiff paid KRW 100 million to the Defendant on the date of the conclusion of the instant sales contract, and thereafter, paid the sum of KRW 100 million to the middle contract by May 2016 upon the Defendant’s request.

C. The Plaintiff and the Defendant agreed to cancel the instant sales contract on September 2016, and the Defendant returned KRW 100 million out of the sales price to the Plaintiff on December 1, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 4, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the judgment on the cause of claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 100 million and delay damages, according to an agreement with the Plaintiff on the instant sales contract, unless there are special circumstances.

B. On September 3, 2016, the Defendant, the Plaintiff, and C, to which they agreed to purchase on September 3, 2016, drafted an agreement with the effect that the Plaintiff and C shall be liable for the loss incurred due to the cancellation of the instant sales contract by the Plaintiff (hereinafter “Agreement with the Plaintiff on September 3, 2016”), and accordingly, the Plaintiff is obligated to pay the said loss to the Defendant. Accordingly, the Plaintiff is obliged to pay the said loss to the Plaintiff as the automatic claim for the payment of the said loss amount.

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