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(영문) 창원지방법원진주지원 2016.06.10 2015가단35542
매매대금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 31,30,000 and the interest rate of KRW 15% per annum from November 7, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On February 12, 2015, the Plaintiff entered into a contract with the Defendant to purchase an indication mark of power-driven water leisure craft (hereinafter “instant organization”) with the Defendant, and the specific content thereof are as follows:

(hereinafter “instant sales contract”). Power-driven water leisure craft sales contract

2. Terms and conditions of a contract - Sales amount of KRW 33,00,000 - Contract deposit: KRW 20,000,000, and intermediate payment - Payment at the time of a contract - The remainder payment of KRW 80,000,000: by February 28, 2015, the special terms and conditions of a special agreement up to February 28, 2015, KRW 5,000,000 and KRW 1/10 of the sales amount at the time of payment that is not made by the Plaintiff to the Defendant within the remainder date, and the down payment and intermediate payment shall be refunded

(2) Provided, That all the above contract terms are stipulated that the defendant replaces the water leisure craft with the water leisure craft, and the contract at the time of the violation shall be revoked, and 1/10 of the sales amount shall be compensated to the plaintiff, along with the down payment and intermediate payment.

B. Under the instant sales contract, the Plaintiff paid each of the Defendant KRW 20,000,000 as the down payment on the day of the instant sales contract, and ② the intermediate payment of KRW 8,000,000 on February 26, 2015.

C. The Defendant did not file an application for change of the fishery vessel with respect to the instant organization, and the owner of the instant organization changed from June 30, 2015 to C.

[Ground of recognition] Fact-finding without dispute, Gap evidence Nos. 1-1 through 3, 2, and 3, and fact-finding with the head of Busan Jin-si, the purport of the whole pleadings (the defendant asserts that the part of "special agreement" in Gap evidence No. 2 was forged by the plaintiff, but there is no evidence to acknowledge it, the defendant's argument is without merit).

2. The instant sales contract, which determined the cause of the claim, was concluded on the condition that the Defendant changed the instant structure from the water leisure craft to the fishing vessel, and the Defendant did not implement it, and that the instant structure was transferred to C on June 30, 2015.

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