보증금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except where the relevant part of the judgment of the court of first instance is used or added as follows, and thus, it is acceptable in accordance with the main sentence of Article 420
6. The following shall be added to the third recycling contract of this case for six (6) pages:
【The above contract Article 3 provides that “The provisions of the original contract (the second recycling contract of this case refers to the second recycling contract of this case) which does not make any changes in this contract shall remain effective.” The provisions of paragraphs 1 to 4 of the 7th 1st 7th 1) and 4 of the above contract shall be followed as follows.
3) Each of the instant recycling contracts was concluded on the condition that the instant golf course development project would be in progress, or on the condition that the said project will be revoked. Since the said project was revoked and the conditions of suspension have not been fulfilled or the conditions of cancellation have not been fulfilled, each of the instant recycling contracts was null and void.
4) The Defendant, despite being aware of the fact that the third recycling contract of this case was not implemented, agreed to pay a penalty to the Defendant that “if the Plaintiff fails to perform contractual obligations without any justifiable reason, it reverts to the Defendant the contract deposit” (Article 6(1) of the General Conditions of the Second Recycling Contract of this case and Article 3 of the Third Recycling Contract of this case, and Article 3 of the 3th Recycling Contract of this case (hereinafter “instant penalty agreement”).
A) Therefore, the agreement on penalty for breach of contract is null and void as it is contrary to good morals and other social order or as an unfair legal act, and the Defendant is not entitled to file a claim for penalty under the principle of trust and good faith with the Plaintiff. 5) The Plaintiff failed to submit the commencement period due to the failure to meet the requirements for the implementation of the instant golf course development project, and thereby, the Plaintiff was unable to remove the coal conference.
Therefore, each of the instant recycling contracts is concluded by the Plaintiff.