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(영문) 창원지방법원 2017.12.20 2017가단105688
매매대금반환
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1. Defendant B’s KRW 10 million and its relation to the Plaintiff’s KRW 5% per annum from July 19, 2017 to December 20, 2017.

Reasons

1. The facts of the claim are as follows: (a) the Defendants are married and wife; (b) Defendant C owns the land north-gu in Busan; and (c) Defendant B, the wife, owned the 4th floor of the above ground; and (d) the Defendants operated the “E Child Care Center” in the above building (Defendant B used the position of its representative; and Defendant C used the position of its president); (b) the Plaintiff purchased the above land and buildings (hereinafter referred to as the “Child Care Center”) from Defendant B from early December 2015 at KRW 985 million; and (d) paid the down payment of KRW 20 million,000,000,000,000 to the delivery thereof (the intermediate payment of KRW 12,3.6 million shall be paid in installments each month until December 31, 2018; and (e) the remainder of the purchase price of the above land and the building shall be paid from December 31, 2018 to the head of the Child Care Center.

The agreement with Defendant B on March 11, 2016 and immediately returned a child care center. ③ At the time of the cancellation of the agreement, the Plaintiff and Defendant B settled the obligation and obligation arising from the Plaintiff’s operation of the said child care center; Defendant B paid KRW 10 million to the Plaintiff during the period from March 11, 2016 to June 30, 2016; and the amount exceeding KRW 3360,000 out of the amount of teaching materials and the amount of “unpaid money” generated during January 2, 2016 when the Plaintiff operated the said child care center is not disputed between the parties.

2. Judgment on the plaintiff's claim

A. (1) The Plaintiff’s claim against Defendant B is the cause of the instant claim against the Defendant B, and ① The Plaintiff, as seen above, cancelled the agreement and settled the obligation and obligation with Defendant B, calculated the Plaintiff’s claim amount of KRW 28,687,800,000 by mistake, and calculated the amount of the Plaintiff’s claim amount of KRW 33,00,000,000,000,000 between the Plaintiff and the Plaintiff’s claim amount and KRW 15,550,000 and KRW 360,000 for children.

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