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(영문) 수원지방법원안양지원 2016.04.29 2015가합100568
매매대금반환
Text

1. The Defendant’s KRW 111,170,00 for the Plaintiff and KRW 6% per annum from May 16, 2014 to April 29, 2016.

Reasons

1. Basic facts

A. On July 4, 2013, B (hereinafter “Plaintiff”) operated by the Plaintiff entered into a contract with the Defendant under which the Plaintiff would pay 30 million won (hereinafter “instant contract”) each of the remainder payment on August 10, 2013 (hereinafter “instant contract”). The Plaintiff purchased 100 million won (hereinafter “instant machinery”) from the Defendant in total, but the contract deposit amount is KRW 150 million (hereinafter “instant contract”). The date of the contract, the first intermediate payment is the date of the contract, and the second intermediate payment is the date of July 20, 2013; the second intermediate payment is KRW 200 million (hereinafter “instant contract”).

B. On the day of the instant sales contract, the Defendant delivered the instant machinery and equipment to the Plaintiff, and the Plaintiff as the down payment on July 4, 2013, KRW 100 million, and the same year.

8.2. Each payment was made in KRW 200 million as part payments.

C. The Plaintiff and the Defendant agreed to cancel the instant sales contract on March 24, 2014, as the Plaintiff failed to pay the remaining KRW 300 million, and the Plaintiff returned to the Defendant the remainder of the instant machinery, excluding F-PCB Router m/c, X-ray Dembar (hereinafter “unclaimed machinery”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The fact that the sales contract of this case regarding the cause of claim was rescinded does not conflict between the parties, and barring special circumstances, the Defendant is obligated to restore the Plaintiff to its original state, barring any special circumstance, the amount calculated by deducting KRW 10 million,000,000,000, which is the amount the Plaintiff is the person who was the person due to the Plaintiff’s failure to perform the duty to return the unclaimed machinery, from the amount of KRW 300

3. Judgment on the defendant's defense, etc.

A. The Defendant renounced the purchase price of KRW 300 million on the condition that the Plaintiff is not liable for damages, etc. inflicted on the Defendant by misappropriation of the sale price of the instant machinery and equipment.

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