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(영문) 전주지방법원 2016.11.01 2015가단36510
매매대금반환
Text

1. Defendant B shall pay to the Plaintiff KRW 26,50,000 and the interest rate of KRW 15% per annum from March 26, 2016 to the date of full payment.

Reasons

1. Around August 20, 2015, the Plaintiff asked Defendant B through Nonparty D to purchase “AD4 Motor Vehicle” by September 10, 2015 (hereinafter “instant sales contract”); Defendant B demanded the Plaintiff to transfer the said motor vehicle sales price to a passbook in the name of the Defendant C, his mother, and accordingly, the Plaintiff requested the Plaintiff to transfer it to a passbook in the name of the Defendant C.

9.8.20 million won was remitted to Defendant C’s account of community credit cooperatives (Account Number E) in the name of Defendant C, and when Defendant B’s promise as above was not made to the Plaintiff by September 10, 2015, the Plaintiff requested the return of the money paid to Defendant B while notifying the cancellation of the above sales contract. Accordingly, the fact that Defendant B returned KRW 4.5 million to the Plaintiff on September 24, 2015, and the fact that Defendant B returned each of the money to the Plaintiff was either not in dispute between the parties, or that the statement in subparagraphs 1 through 3 (including each number; hereinafter the same shall apply), and that the witness’s testimony was acknowledged in full view of the purport of the entire pleadings.

2. As seen earlier, the instant sales contract between the Plaintiff and the Defendant B was lawfully rescinded, barring any special circumstance, the said Defendant is obligated to pay 26.5 million won (i.e., KRW 41 million-14.5 million) and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 26, 2016 to the date of full payment, upon the Plaintiff’s request, after the instant complaint was served on the said Defendant.

As to this, the above defendant argues that he is not a party to the contract of this case and merely an intermediary acting as a broker for the contract of this case, and is not obligated to return the above money received from the plaintiff, but he is not obligated to do so.

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