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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On October 10, 2014, the Plaintiff entered into a contract on the payment of facility cost (hereinafter “instant facility contract”) with the Defendant to take over the facilities related to a private teaching institute equipped with the 802 unit for the operation of the Kimhae-si Building (hereinafter “instant building”) and to pay KRW 6,500,000,000 from the Defendant. On the same day, the Plaintiff paid KRW 6,50,000 to the Defendant.
B. The receipt for facility costs under the instant facility contract contains a special clause stating that “if the contract is not concluded against the building owner, the said amount shall be returned.”
C. After that, the Plaintiff leased the instant building from D as KRW 10,00,000, monthly rent of KRW 600,000, and the lease term of KRW 24 months from December 1, 2014 to November 30, 2016, and thereafter paid KRW 1,000,000 to D around that time.
However, the instant building could not obtain permission for a private teaching institute facility because its internal facility failed to meet the flame retardation performance standards. Accordingly, on December 19, 2014, the Plaintiff expressed to D an intent to cancel the said lease agreement, and D consented to the cancellation and returned KRW 1,00,000 to the Plaintiff on December 30, 2014.
【Ground of recognition】 No dispute exists, Gap 1-1, 2, 8, and 9; the purport of the whole pleadings
2. The main point of the Plaintiff’s assertion is that the Defendant is obliged to pay the Plaintiff the facility cost of KRW 6,500,000 and the damages for delay for the following reasons.
The special terms and conditions of the instant facility contract stipulate the situation where no lease on the instant building does not exist as the grounds for cancelling the contract. As such, the grounds for cancelling the instant facility contract have occurred due to the cancellation of the said lease agreement by failing to obtain permission for a private teaching institute facility, the Defendant’s legal basis for holding the said facility cost of KRW 6,500,000 has ceased.
B. The instant facility contract is concluded for the permission of a private teaching institute facility.