계약금 청구의 소
1. An appeal against the Plaintiff (Counterclaim Defendant)’s principal lawsuit and an appeal against the Defendant (Counterclaim Plaintiff)’s counterclaim.
1. The reasoning for the court’s explanation of this case is as follows, except for adding the following judgments to the argument that Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) emphasizes in the trial, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The defendant company asserts that the judgment on the binding force of the provisional contract of this case is merely a provisional contract which is likely to change the contents of the contract according to the future negotiation, and thus, it cannot be legally binding. Thus, the plaintiff is obligated to return the money received as the provisional contract to the defendant company.
According to the evidence evidence No. 1, the instant provisional contract provides that the Defendants shall enter into a fixed contract with the payment of KRW 180 million to the Plaintiff on January 24, 2016, and the title also provides that the Defendants shall enter into a fixed contract with the payment of KRW 180 million to the Plaintiff.
However, as a result of a reasonable interpretation by comprehensively taking into account the contents of the text of the agreement, the motive and background leading up to the agreement, the purpose to be achieved by the agreement, the parties’ genuine intent, etc., and as a result, it is difficult to recognize the legal binding force in the event that the agreement is intended to be modified to a considerable extent in the future, it is difficult to acknowledge the legal binding force in the future. However, if the incidental contents of the agreement were not determined in detail, the agreement can be legally binding even if it was not determined in detail. In full view of the facts acknowledged above, the instant provisional contract is not merely a basis for negotiations for the conclusion of the agreement, but also a legal binding force in the parties.