계약금 등 반환
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 following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence No. 1 and Eul evidence No. 1.
(1) On December 27, 2013, the Plaintiff entered into a contract with the Defendant to acquire the right to operate the instant singing stores in Ulsan-gu (hereinafter “instant singing stores”) at KRW 13,50,000 (hereinafter “instant transfer or acquisition contract”), and agreed that KRW 5,800,000 shall be paid on the date of the contract, the remainder of KRW 11,700,000 on the date of the contract, and may be extended until January 12, 2014, and in the event of the contract, the down payment shall be deemed null and void.
(2) On December 27, 2013, the Plaintiff paid the Defendant the down payment of KRW 5,800,000 to the Defendant, but did not pay the remainder KRW 11,700,000 to the Defendant until January 12, 2014.
(3) On January 12, 2014, the Defendant demanded the Plaintiff to pay any balance, but the Plaintiff did not pay such balance, and on the same day, expressed the Plaintiff’s intent to cancel the instant transfer/acquisition agreement.
(4) On January 15, 2014, the Defendant transferred to E the instant singing stores KRW 13,000,000.
2. The allegations by the parties and the determination thereof
A. The plaintiff asserts that the transfer and acquisition contract of this case was cancelled by the defendant's declaration of intention to cancel or cancelled by the delivery of the duplicate of the complaint of this case on January 12, 2014, and thus, the defendant asserts that the contract of this case is obligated to refund the down payment of KRW 5,800,000 and interest and delay damages to the plaintiff.
The defendant asserts that since the plaintiff did not pay the balance by January 12, 2014, which is the remaining payment deadline, the defendant cancelled the transfer or acquisition contract of this case on the ground of the plaintiff's delay of performance, the contract deposit amount of KRW 5,800,000 was reverted to the defendant as penalty.
B. According to the above facts, the transfer and acquisition contract of this case is obligated to pay the remainder of the Plaintiff on January 12, 2014.