계약금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The Plaintiff is the owner of the building of 692m2 and above ground-based 4m2 (hereinafter “the instant telecom”). The instant telecom was established with a maximum debt amount of 490,000,000 won, the Plaintiff, the Plaintiff, and Samsung Fire Marine Co., Ltd. (hereinafter “instant multi-mortgage”).
The Defendant leased from D the lease deposit amount of KRW 50,000,000, monthly rent of KRW 2,200,000, commercial building on the first floor E of Gwangju Northern-gu, and operated the skin management office and Hanba Pac (hereinafter “the skin management office of this case”).
On February 25, 2012, the Plaintiff and the Defendant concluded a contract (hereinafter “instant contract”) stating that “The Plaintiff transferred the Plaintiff’s ownership and the right to operate the instant franchise to the Defendant, but the Plaintiff’s husband received KRW 50,000,000 from the lessor’s D the lease deposit for the instant cargo management room, and the Defendant acquires KRW 270,000,000 for the instant cargo management unit obligation (hereinafter “instant contract”).
The Plaintiff and the Defendant around that time: (a) sold to the Defendant the instant franchise amounting to KRW 50,00,000, the remainder KRW 394,000,000,000 in total; and (b) there is no dispute between the parties that the actual purchase price was 320,000,000. In the event that the Plaintiff (seller) has neglected the contract, the Plaintiff shall compensate the Defendant (Buyer) for the double amount of the down payment with the penalty; (b) if the Defendant (Buyer) has neglected the contract, the down payment shall be deemed as a penalty; and (c) the right to claim the return thereof shall be deemed as lost after the commencement of the contract; and (d) the sales contract (Evidence A No. 1-1) signed on February 15, 2012.
In addition, on February 2, 2013, F prepared a lease agreement (Evidence A2) stating that “F will receive KRW 50,000,000 from D the lease deposit for the instant secondary management room, the expiration date of the term of lease,” between D and D.
The defendant shall make the instant collateral security to Samsung Fire Marine Insurance Co., Ltd.