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(영문) 전주지방법원 남원지원 2018.09.19 2018가단11047
매매대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the Parties:

On January 17, 2018, the Plaintiff and the Defendant concluded a sales contract (hereinafter “instant sales contract”) with the Defendant to purchase KRW 270,100,00 (27,000,000,000 for intermediate payment as of February 14, 2018, the date of payment, and KRW 143,100,000 for the remainder payment as of March 30, 2018 (143,100,000 for the remainder payment as of March 30, 2018).

B. Article 6 of the instant sales contract provides, “If a seller or purchaser fails to fulfill the terms and conditions of this contract, the other party may demand in writing the person who has defaulted and rescind the contract. In addition, the other party may claim compensation for damages arising from the termination of contract to the other party, respectively, and the contract deposit shall be deemed as the basis for compensation for damages, unless otherwise agreed.”

C. The Plaintiff paid 27,00,000 won to the Defendant on the date of concluding the instant sales contract.

The Plaintiff failed to pay the Defendant the intermediate payment of KRW 100,000,000 until the intermediate payment payment date stipulated in the instant sales contract, and accordingly, requested the Defendant to postpone the payment date of the purchase price.

On March 2, 2018, the Plaintiff and the Defendant changed the payment date of the sales price of the instant sales contract to March 10, 2018 (i.e., the payment date of intermediate payments, and the payment date of intermediate payments, before the remainder payment date; hereinafter “the instant payment date change agreement”).

2. Determination as to the Plaintiff’s restitution following the Plaintiff’s rescission and claim for damages

A. The gist of the Plaintiff’s assertion and the Defendant, following the resolution of the Defendant Village Council on March 6, 2018, which was after March 2, 2018 when there was an agreement on the change of the payment date of the instant case, shall be until March 12, 2018, with loans offered as security to E forestry cooperatives.

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