beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff’s assertion 1) On March 3, 2017, the Plaintiff between the Defendant and the Defendant, as well as the head of the French Brazil (hereinafter referred to as “Breeropo Complex”).
3) The sales contract for the eight unit (hereinafter “instant contract”).
(2) Around July 2017, the Defendant concluded the instant contract and paid KRW 40 million to the Plaintiff the down payment. However, the Defendant did not supply it to the Plaintiff even though the price for the instant contract was paid to the Plaintiff around the end of July, 2017, and sold it to the Plaintiff, and the five of them sold to the third party, and the seven of them was used in the billiard run by himself, and it became impossible for the Defendant to import and sell the Brazil, and the Defendant did not perform the duty of delivery to the Brazil under the instant contract. Accordingly, the Plaintiff rescinded the instant contract by delivery of the instant written complaint, and the Defendant must return the down payment of KRW 40 million to the Plaintiff. 2) Since the Defendant agreed to refund the down payment of KRW 40 million to the Plaintiff, the Defendant shall return the down payment of KRW 40 million to the Plaintiff even if the instant contract was revoked due to the Plaintiff’s cause attributable to the Plaintiff.
B. Determination 1) According to Gap evidence No. 1, 2, and Eul evidence No. 1, the plaintiff and the defendant entered into the contract of this case on March 3, 2017. The plaintiff and the defendant entered into the contract of this case where the defendant sold the plaintiff the 8 unit of the 14,000 won per 1 unit of the breeropo zone to the plaintiff on March 3, 2017. When entering into the contract of this case, the plaintiff and the defendant entered into the contract of this case and the contract of this case, the contract deposit is KRW 40 million (one unit of the 5,000,000 won per 1 unit of the 200,000 won per June 201, the plaintiff paid the defendant the down payment amount of KRW 40,000,000 to the defendant on the same day, while the breropo zone was in Busan around July 2017, the plaintiff and the defendant agreed to lawfully supply the bremoto.