(영문) 부산지방법원 2017.04.28 2016나7958 | 리걸엔진

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(영문) 부산지방법원 2017.04.28 2016나7958

계약금및중도금반환

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1. The part of the judgment of the court of first instance against the defendant in excess of the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff and the Defendant entered into a contract with the Defendant to manufacture gold-type 1 (2) in order to create the ice, etc. necessary for artificial smoking engines, etc. on June 10, 2015 and supply the gold-type 2 (2) to August 10, 2015. ② On June 11, 2015, the Plaintiff and the Defendant entered into a contract with the Defendant to manufacture the gold-type 1 (2) in the production cost of KRW 8.5 million and supply the gold-type 13.2 million to the Defendant until July 21, 2015.

(hereinafter referred to as "the above two contracts". B.

The Plaintiff paid a total of KRW 9 million to the Defendant, including KRW 6 million on June 11, 2015, and KRW 3 million on June 23, 2015, as the down payment under the instant contract, and thereafter, upon the Defendant’s request, KRW 1 million on July 1, 2015, and the same month.

9. 2.5 million won, 2.29 million won for the same month, 2.2 million won for the same month, 26. 1, 454,000 won for August 26, 2015, and 3.85 million won for the same year;

9. A total of KRW 20,804,000, including KRW 1 million, was paid.

C. The Plaintiff filed the instant lawsuit, which included an expression of intent to cancel the instant contract, on November 16, 2015, prior to the filing of the instant lawsuit, as the Plaintiff was unable to receive the penalty under the instant contract from the Defendant before the filing of the lawsuit, and the duplicate of the instant complaint was served on the Defendant on January 15, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments

A. Although the Plaintiff agreed to complete each gold set under the instant contract within the delivery period, the Defendant did not complete the penalty even until November 16, 2015, which was at the time of filing the instant lawsuit.

Accordingly, the Plaintiff cancelled the instant contract, and sought restitution from the Defendant to its original state, the amount of KRW 20 million out of KRW 20,804,000 paid in connection with the instant contract.

B. Defendant 1, the Plaintiff.

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