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Reasons
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(영문) 의정부지방법원 2018.04.12 2016가단130561
매매대금반환
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1. The Defendant’s KRW 10,776,236 as well as the Plaintiff’s annual rate of 5% from December 2, 2017 to April 12, 2018, and the following.

Reasons

1. Facts of recognition;

A. On August 30, 2015, the Plaintiff: (a) purchased approximately KRW 120,00 from the Defendant for C Village 33 in Namyang-si (hereinafter “instant sales contract”); and (b) paid KRW 160,000,000 as the sales price to the Defendant from the same date until November 27, 2015.

B. On June 2016, the Plaintiff and the Defendant agreed to cancel the instant sales contract and to return the purchase price received by the Defendant to the Plaintiff by restitution.

C. On July 1, 2016, the Plaintiff sent to the Defendant a document stating the Plaintiff’s claim for return of KRW 160,000,000 and KRW 15,680,000 that the Plaintiff spent for the construction of the above hanok as a content certificate, and the Defendant received a document around that time.

On September 29, 2017, the Defendant remitted KRW 140,000,000 to a new bank account (D) in the name of the Plaintiff, a stock company, and KRW 140,000,000 on November 10, 201, and on November 14, 2017, the Plaintiff deposited KRW 10,000,000 from the Bank No. 6727 of this Court in 2017.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 9, the purport of whole pleadings

2. Determination

A. Since the Defendant agreed to reinstate the purchase price received upon the rescission of the instant sales contract with the Plaintiff, it is obligated to return KRW 160,000,000 to the Plaintiff.

In addition, there is no evidence to acknowledge the fact that there was a separate provision on the date of repayment between the parties. Therefore, the defendant's duty to restore the status is liable for delay from July 10, 2016, after receiving a claim for performance from the plaintiff.

B. Meanwhile, barring special agreement between the parties, such funds should be appropriated for repayment in the order of expenses, interest, and principal.

The fact that the defendant paid a total of KRW 150,00,000 on September 29, 2017 and November 10 of the same year is as seen earlier, and the plaintiff paid the above deposit amount of KRW 10,000,000 on December 1 of the same year.

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