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1. As to the Plaintiff’s KRW 95,00,000 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff KRW 20,00,000,00.
Reasons
1. Facts of recognition;
A. On August 17, 2012, the Plaintiff and C, the representative of the Defendant, entered into a sales contract (entrusted) with respect to the fee store (entrusted) store (25 square meters) with the following content (hereinafter “instant contract”).
D
B. On August 17, 2012, the Plaintiff paid the Defendant KRW 95,00,000,000 in total, including KRW 20,000,000 on August 26, 2012, and KRW 295,00,000 on August 29, 2012, and KRW 5,00,000 on September 22, 2012.
C. Upon completion of D’s work, on October 10, 2015, the Defendant leased the shop within the said crematorium to a third party, and on this ground, the Plaintiff rescinded the instant contract by serving a written complaint on the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the facts established prior to the determination, the Defendant’s obligation to rent the store to the Plaintiff under the instant contract was impossible for the Defendant to lease the store to a third party, and the Plaintiff cancelled the instant contract by serving the instant complaint on the Plaintiff. As such, the Defendant shall return to the Plaintiff KRW 95,00,000,000 in addition to the interest accrued from the date on which the deposit was received as restitution. Therefore, barring any special circumstance, the Defendant shall pay to the Plaintiff the amount of KRW 95,000 from August 17, 2012 to August 26, 2012; KRW 20,000,000 from August 26, 2012 to KRW 20,000 from August 29, 200; KRW 5,000,000 from September 22, 2012 to December 25, 2015, respectively, the Defendant shall pay to the Plaintiff the annual delay damages from the day after the date of each lawsuit.
The Plaintiff asserted that, in the preparatory document dated June 17, 2016, the Defendant paid KRW 25 million to the Defendant on August 29, 2012, not to pay KRW 20 million on the day, but to pay KRW 5 million on September 2012, the Plaintiff paid KRW 5 million in cash. However, the Plaintiff paid KRW 5 million on September 2012.