(영문) 부산지방법원 2020.11.24 2019가단343104

계약금반환 청구의 소


1. Each claim against Defendant B by Plaintiffs C, D, E, F, G, H, I, J, and K against the Defendants.


1. Basic facts

A. The Plaintiffs were members of the L Area Housing Association, and the Defendants were stock companies with the purpose of the system control equipment construction business.

B. The Plaintiff C, D, E, F, G, H, I, J, and K entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”), under which the remaining Plaintiffs entered into a contract with Defendant A Co., Ltd. (hereinafter “Defendant A”) to install a system on each apartment unit to be purchased by the said Plaintiffs due to the new L Area Housing Association’s construction on each contract date specified in the attached Table 3, and paid the down payment around each contract date.

(hereinafter referred to as “instant Air-conditioning Installation Agreement”). (C)

In this case, the term “the term “the term “the term “the term “the term “the term” means the term “the term “the term “the term” means the term “the term “the term “the term” means the term “the term “the term “the term”. However,” means the term “the term “the term “the term” refers to the term “the term “a term”.

On the other hand, Defendant B succeeded to the contractual status of Defendant A with respect to the agreement for the installation of air conditioners.

[Reasons for Recognition] Facts without dispute, Gap 1 to 85 evidence, each entry of 88 evidence (including provisional number), and the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

A. In the first place, the terms of the language agreement in this case are null and void as they fall under Article 9 subparagraph 1 of the Act on the Regulation of Terms and Conditions (hereinafter “Standard Terms and Conditions Regulation Act”), which unfairly limits the plaintiffs’ right to rescission.

Since the Plaintiffs lose their membership in a regional housing association due to the change of the householder, etc. and become unable to purchase an apartment unit to install a system, the instant Air-condition Installation Agreement became impossible, and the Plaintiffs are unable to perform.