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(영문) 대구지방법원 2019.08.28 2018나315685
임대보증금 반환
Text

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. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for adding the judgment falling under the following paragraph 2, and therefore, it is also accepted by the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts to the following purport as the grounds for appeal.

First, the termination agreement of this case, which was established between the original and the Defendant, was to keep the facilities of one and six of the instant building, which is the leased object, from among the instant building, which is the leased object, and to deliver it to the lessor and the Defendant.

The defendant modified the above contents of the agreement and agreed to remove the plaintiff's sing room 1 and 6 sing room, but the court of first instance found the defendant's consent unfairly.

In full view of the statements in Gap evidence Nos. 5 and witness D of the first instance trial, the defendant's consent to remove the facilities of one and six sing room. Thus, this part of the argument is rejected.

Second, the termination agreement of this case is a contract under which the plaintiff maintains the facilities of one and six singing rooms among the buildings of this case and delivers them to the defendant, and is a condition precedent that allows the change of the name of the business license to the defendant.

Since the Plaintiff failed to fulfill the condition of suspension, the instant termination agreement did not take effect, so the Plaintiff’s claim should be dismissed, the first instance court recognized the validity of the instant termination agreement on the premise that it constitutes a kind of bilateral contract, not a condition of suspension, but a type of bilateral contract, which is unreasonable.

In full view of the language and text of the termination agreement of this case as stated in the evidence No. 3 of this case and the parties’ intentions, the original termination agreement of this case is as shown in the first instance judgment, and the Plaintiff has the Defendant with only one singing room and six.

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