계약금반환
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1. Determination as to the cause of claim
A. 1) The Plaintiff is found to have obtained recognition of the fact that the Defendant was using as a factory. The Plaintiff is a light-scale 1, Ndong, Ldong, etc. (hereinafter “instant factory”).
2) The lease of this case (hereinafter “the lease of this case”)
(A) The Plaintiff and the Defendant, on January 31, 2013, remitted the down payment of KRW 30,000,000 to the Defendant. (2) On February 22, 2013, the Plaintiff and the Defendant: (a) the lease deposit amount of KRW 100,000 (the remainder of KRW 30,000,000 for the contract deposit, the remainder of KRW 70,000 for the remainder of KRW 70,000) monthly rent: KRW 9,000 (the first prepaid rent of KRW 9,00,000 for the remainder of the payment, the remainder of the payment of the lease amount of KRW 79,00,000 for the first prepaid rent of KRW 9,000 for the remainder of the lease amount: (c) the Plaintiff continued to have worked for the factory employees at the time of delivery for 12 months after the date of the lease; and (d) the Plaintiff continued to have been employed within 313, March 2014, 2013.
4) The Plaintiff’s content certification as of March 7, 2013 (hereinafter “instant content certification”)
(2) On March 1, 2013 and March 2, 2013, the Plaintiff requested the delivery of the instant factory with the remainder on visit to the factory, but the Defendant did not comply with the request, and thus, the Defendant declared that the instant lease contract will be cancelled on the ground of nonperformance of obligation. The Plaintiff reached the Defendant around that time. (5) On August 19, 2014, the date of the second instance trial, the date of pleading, the Plaintiff presented 80,000,000 cashier’s checks (issuance of the Dongsan Agricultural Cooperative's Gebite Branch), which exceeds the aggregate of KRW 79,000,000,000,000 for the remainder of the lease deposit and the monthly rent for the first month, and notified the Defendant of the delivery of the factory subject to the instant lease agreement, and did not deliver the instant factory by the considerable period of time.