(영문) 청주지방법원 2015.09.16 2015나1506 | 리걸엔진

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Reasons

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(영문) 청주지방법원 2015.09.16 2015나1506

계약금반환

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1. The following part of the judgment of the first instance shall be revoked:

2. The defendant shall pay KRW 5,000,000 to the plaintiff.

Reasons

1. Basic facts

A. Upon introduction by C on September 15, 2014, the Plaintiff concluded a lease contract with the Defendant as KRW 50 million (5 million in the contract amount, KRW 35 million in the intermediate payment on October 2, 2014; and the remainder KRW 10 million in the contract amount is paid on December 15, 2014) and KRW 1 million in the rent (9 million in the monthly payment, KRW 10 million in the remainder, KRW 10 million in the payment on December 25, 2014) and the period from October 2, 2014 to October 1, 2016; and the Plaintiff concluded a lease contract with the Defendant by setting the lease contract amount as KRW 50 million in the contract amount to the Defendant, and the Plaintiff may waive the contract payment on October 2, 2014 until the contract amount is terminated.

B. On October 13, 2013, the Plaintiff requested the Defendant to provide intermediate payment and monthly rent of KRW 36 million and deliver the instant building. However, on the same day, the Defendant notified the Plaintiff of the intent that the instant lease was already terminated on October 6, 2013 on the grounds that the Plaintiff was not obligated to pay the remainder of KRW 35 million under the instant lease agreement.

C. The Plaintiff filed the instant appeal and expressed his/her intent to rescind the instant lease agreement on the grounds of the Defendant’s refusal to implement the said agreement, and on May 11, 2015, a duplicate of the instant petition of appeal containing such declaration of intent reaches the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 2 and 3, Eul evidence 1, Eul witness C's testimony and the purport of whole pleadings

2. The assertion and judgment

A. First of all, the determination on the cause of the claim is based on the assertion that the instant lease contract was implicitly rescinded, and thus, in order to have the contract rescinded implicitly, the Plaintiff does not realize both parties’ contract due to the lack or renunciation of intent to realize the contract after the formation of the contract.

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