계약금반환
1. The Defendant’s KRW 20,063,00 for the Plaintiff and KRW 5% per annum from December 7, 2017 to February 19, 2019.
1. On September 22, 2017, the Plaintiff entered into a contract with the Defendant to take over Empt D (hereinafter “instant Empt”) located in Nam-gu, Nam-gu (hereinafter “instant contract”) with the Defendant as a broker of C, and paid the Defendant KRW 20,000,000 on the same day, including the premium for operating rights, such as the facilities, fixtures, etc.
Article 7 of the instant contract provides, “The seller compensates for a double of the down payment at the time of the down payment, and the buyer is not entitled to claim the return of the down payment at the time of the down payment.”
At the time of the instant contract, the Plaintiff and the Defendant concluded a new lease contract with the owner of the instant marina building and the owner of the parking lot.
The Plaintiff and the Defendant confirmed KRW 284,298,884 of the instant marina on September 25, 2017 through inventory inspection and succeeded by the Plaintiff.
On September 26, 2017, the Plaintiff began to operate the instant marina with the key of the instant marina, and operated the instant marina until October 10, 2017. Of these, KRW 37,00,000 of the credit card sales amount was deposited by the Defendant’s passbook and appropriated as part of the remainder of the instant contract, and KRW 19,937,000 of the cash sales amount was owned by the Plaintiff.
On October 10, 2017, the Plaintiff was drafted a written confirmation stating that “F approves the Plaintiff’s transfer of a lease agreement with the existing lessee” from Defendant, C, and the owner of the instant marina building, and from F, “F approves the transfer of a lease agreement with the existing lessee.”
However, on October 10, 2017, the Plaintiff did not met the owner G of the instant marina parking lot, and the Defendant agreed that G would be able to take time on October 16, 2017, and the Plaintiff also consented thereto.
Around 01:00 on October 11, 2017, the Defendant notified the Plaintiff of the termination of the instant contract in writing.