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대법원 2017.12.22 2017다261431
영업보증금반환
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

For reasons indicated in its holding, the lower court: (a) the key money was paid as advance payment fee.

The plaintiff's main claim and the conjunctive claim were all dismissed on the ground that there is insufficient evidence to acknowledge that there was a hidden agreement or mistake in the payment of the key money of the plaintiff, and there is no other evidence to acknowledge it.

In light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the requirements for the interpretation of expression of intent or the expression of intent due to mistake, or by failing to exhaust all necessary deliberations, or by misapprehending the facts against the rules of evidence.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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