beta
(영문) 의정부지방법원 2018.11.14 2018나209448

계약금반환

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Facts of recognition;

A. On December 12, 2016, the Plaintiff entered into a contract with Defendant C to take over the child care center operated by Defendant D E and F (hereinafter “instant apartment”) for the premium of KRW 14 million (hereinafter “instant acquisition contract”). On the same day, the Plaintiff paid to Defendant C a commission agreement to pay a total of KRW 100,000,000,000 to Defendant C with the consulting service fee for the instant acquisition (hereinafter “instant commission agreement”). Around that time, the Plaintiff entered into a contract with Defendant C to pay KRW 10,000,000,000,000 as the consulting service fee for the instant acquisition (hereinafter “instant commission agreement”).

B. On December 23, 2016, the Plaintiff entered into a lease agreement with Defendant D to lease the instant apartment with a deposit of KRW 10 million, monthly rent of KRW 900,000,000, and the lease term of KRW 24 months from December 20, 2016 (hereinafter “the lease agreement of this case”). The down payment under the instant lease agreement was entered into simultaneously with the contract.

C. The Plaintiff paid to Defendant B a down payment of KRW 1 million on December 12, 2016, and KRW 500,000,000 for intermediate payment on December 15, 2016 in accordance with the instant transfer contract. Upon agreement on both sides, the Plaintiff paid KRW 12,50,000,000 on December 23, 2016, which is the date the instant lease contract was concluded, to which part of the remainder of the instant transfer contract was appropriated (hereinafter “the instant receipt”). The receipt stating that Defendant B received KRW 11,50,00 to the Plaintiff (hereinafter “the instant receipt”).

() The Plaintiff’s submission and delivery of a preparatory document No. 5 on October 24, 2018, see, e.g., e., 5 pages), and the remainder of KRW 1 million on the same day, Defendant B wired money instead of Defendant D as the down payment for the instant lease contract.