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(영문) 서울북부지방법원 2016.08.11 2015가단121963
부당이득금
Text

1. As to the Plaintiff’s KRW 50 million and its KRW 10 million, the Defendant shall be from December 25, 2014 to KRW 20 million.

Reasons

1. Basic facts

A. On December 2014, the Plaintiff concluded a sales contract with the Defendant to purchase B (C, D birth, hereinafter “instant horse”) at KRW 50 million (hereinafter “instant sales contract”); the Defendant paid KRW 10 million as down payment on December 24, 2014; the intermediate payment on February 13, 2015; and 20 million as the remainder payment on April 16, 2015, respectively.

B. On April 18, 2015, the Plaintiff conducted an inspection of the number of the horses of this case on the 23th day of the same month immediately after the horse of this case entered into Jeju-do E farm at the Defendant’s farm. According to the diagnosis that the 20th day of the horse of this case was influence due to the 20th day of the horse of this case and the 3th day of the horse of this case, the Plaintiff sent to the Defendant a certificate of the contents requesting the cancellation of the sales contract and the return of the purchase price, and the above content certification reached the Defendant on May 4, 2015.2) The Defendant stated that the sale and purchase of the horse of this case was conducted between the parties to the sale and purchase and the 20th day of the racing on May 8, 2015, and that the 20th day of the racing did not have any actual intention to refund the horse of this case, even if the 20th day of the racing did not know the result of the correction.

C. The condition 1 of the horse of this case was tightly attached to the sloping part from the time when the end of this case occurred to the sloping part, and the sloping part was sent to the sloping part without attaching it to the sloping part, and as a result of the inspection, the sloping part is living, but the sloping part is malied.

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