약정금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The scope of the trial at the court of first instance claimed payment of KRW 50,00,00 for the agreed amount of KRW 50,000 and damages for delay, but the court of first instance accepted only the claim for the agreed amount of KRW 28,051,60 and the remainder of the claim for damages for delay, and rendered a judgment dismissing the claim. Since only the defendant filed an appeal against the part against the defendant against the defendant, the scope of the trial at the court of first instance is limited to the claim for KRW 28,051,60 and damages for delay.
2. The reasoning of this court’s judgment that is to indicate the basic facts and the parties’ assertion is identical to that of the judgment of the court of first instance, and thus, citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure
3. Determination
A. Ordinary premium can only be paid by a new lessee and can not be claimed for payment to a lessor. Thus, a lessor merely stated that a lessor only sold or sold the leased object to a third party without entering the right amount under the proviso to a lease contract, and it cannot be deemed that a lessor immediately agreed to return the premium to the lessee when the lessor sells or sells the leased object to a third party within the lease period. In addition, to protect the lessee’s right, it is reasonable to interpret that the lessor is directly responsible for paying the premium if the lessee deprives the lessee of the opportunity to receive the premium or interferes with the number of premium payments without justifiable grounds.
(See Supreme Court Decision 2000Da4517, 4524 delivered on April 11, 2000). B.
In light of the above legal principles, considering the following circumstances revealed by the above facts, the Defendant’s “the instant special agreement provision” is deemed to have been established.