기타(금전)
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 reasoning of this court’s reasoning is the same as that of “1. Basic Facts” on the grounds of the judgment of the court of first instance, and thus, this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The grounds for this part of the argument and judgment by the court are the same as the part of the reasoning of the judgment of the first instance, i.e., “judgment on the party’s assertion” as stated in the main sentence of Article 420 of the Civil Procedure Act, unless the part concerning “2.c. judgment” is affirmed as follows. The part concerning which this part of the judgment
C. Determination 1) When one of the parties has expressed his/her intention not to perform his/her own obligation in advance, the other party may rescind the contract without demanding the performance of his/her obligation or providing the performance of his/her own obligation. Whether such an intention has been expressed ought to be determined by comprehensively examining the party’s act and specific circumstances before and after the contract (see, e.g., Supreme Court Decision 2004Da22971, Nov. 9, 2006). In light of the following facts and circumstances revealed by comprehensively taking into account the aforementioned evidence and the overall purport of arguments, it is reasonable to deem that the Defendant expressed his/her intention not to perform his/her obligation around May 25, 2016. (A) The Plaintiff prepared for the remainder of the lease deposit for delivery of apartment buildings on May 23, 2016 and carried it into an apartment building, but did not receive the remainder of the lease deposit from the Defendant’s office with the reason that it did not receive it from the real estate broker’s waiting.