(영문) 대전지방법원 2015.07.30 2014가단34840

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(영문) 대전지방법원 2015.07.30 2014가단34840

계약금 등 반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 15, 2013, the Plaintiff: (a) concluded a facility premium agreement with the Party E, who leased the first floor of the Seo-gu Seoul Building (hereinafter “instant store”) owned by the Defendant to acquire the said D cafeteria at KRW 20 million; and (b) on the same day, the Plaintiff transferred KRW 3 million to the F’s bank account, the mother of E.

B. On November 16, 2013, the Plaintiff and the Defendant concluded a lease contract with a deposit of KRW 50 million (the contract amount of KRW 5 million, the intermediate payment of KRW 25 million, the remainder payment of KRW 25 million, the payment of KRW 20 million on November 29, 2013), the period of lease from December 13, 2013 to December 24, 2013, and the monthly rent of KRW 3.5 million (hereinafter “instant lease contract”). The Plaintiff paid the Defendant the down payment of KRW 2.5 million on the contract date.

C. At the time of the instant lease agreement, the Plaintiff agreed to reimburse the amount of down payment when the Defendant, a lessor, violated the contract, and to waive the down payment when the Plaintiff, a lessee, violated the contract.

On November 19, 2013, the Plaintiff remitted the remainder down payment of KRW 2.5 million to the Defendant’s bank account, and KRW 12,500,000,000,000 for the premium for facilities. On December 12, 2013, E paid 413,500 for taxes in arrears.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff unilaterally demanded an intermediate payment and the remainder payment to the Plaintiff, and the Plaintiff failed to establish the instant store, and thus the instant lease agreement was reversed. As such, the Defendant, with respect to the instant lease agreement, issued a contract deposit of this case, KRW 5 million, KRW 15 million, KRW 413,500, and KRW 20,413,500, and damages for delay, paid by the Plaintiff to the Plaintiff for the purpose of filing a business report.

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