계약금 등 반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 13, 2013, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant setting the term of KRW 201,00,000,000 as the lease deposit (an amount of KRW 12,00,000 on the date of the contract, and the remainder of KRW 18,000,000,000 on November 2, 2013) and the term of lease 24 months (from November 2, 2013 to November 1, 2015).
B. On September 11, 2013, the Plaintiff paid to the Defendant KRW 1 million, KRW 5 million on September 13, 2013, the date of the contract, and KRW 12 million on September 14, 2013, including KRW 6 million on September 14, 2013.
C. On September 26, 2013, the Plaintiff: (a) drafted a written waiver of a contract to the effect that “the Plaintiff is unable to perform the instant lease agreement due to the Plaintiff’s personal circumstances; and (b) waiver of all rights of the instant lease agreement and confirmation of cancellation of the contract.”
Then, on September 27, 2013, the Plaintiff stated that “the Plaintiff would withdraw his intention to waive the instant lease agreement and maintain the instant lease agreement,” and subsequently, additionally remitted KRW 20 million to the Defendant.
E. On September 27, 2013, the Plaintiff attempted to prepare a new lease agreement on the instant real estate with the Defendant, but did not reach an agreement on the amount of brokerage commission, etc.
F. On October 1, 2013, the Defendant intended to return KRW 20 million to the Plaintiff. However, on December 2, 2013, the Plaintiff failed to receive and deposited the deposit with the Busan District Court No. 10010 on December 2, 2013.
[Ground of Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 1 (including paper numbers), witness E's testimony, the purport of the whole pleadings
2. The assertion and judgment
A. Since the Plaintiff asserted that the instant lease agreement was withdrawn by the Plaintiff, the instant lease agreement concluded on September 13, 2013 is valid.
(b).