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(영문) 서울중앙지방법원 2015.12.22 2015나48053
계약금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Defendant Franchim Co., Ltd. (hereinafter “Defendant Franchim”) is a company that runs the business of constructing and selling a commercial building (hereinafter “instant commercial building”) on the ground of Daejeon Pung-gu Daejeon, Daejeon, and Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust Co., Ltd.”) is a trust company that completed the registration after being entrusted with the instant commercial building, and Defendant B purchased 207 of the instant commercial building jointly with D.

(hereinafter referred to as “Defendant B” in total. (b)

① On September 11, 2014, the Plaintiff paid KRW 15 million to F, who is an employee of the sales agency, to rent 208, 209, and 210 of the instant shopping mall on September 11, 2014 for the purpose of operating the restaurant called E, and remitted the down payment of KRW 3 million to Defendant B on September 22, 2014 to rent 207 of the instant shopping mall.

② On September 23, 2014, the Plaintiff prepared a lease agreement made on September 23, 2014, with a lessor’s asset trust, a lessor’s money trust, a truster’s gold learning, a lease deposit of KRW 120 million, and a balance payment date, and signed and sealed it on September 23, 2014, and drafted a lease agreement made on September 23, 2014 (hereinafter “the first and second lease agreement”) in order of the said lease agreement, and obtained a seal on the first lease agreement after obtaining approval from a Korean asset trust.

③ On September 26, 2014, Korea Asset Trust signed and sealed the lessor’s name and seal in the lessor’s column of the lease agreement.

C. (1) The Plaintiff did not pay the remainder of the lease deposit as the payment key on the date of the preparation of the contract. After receiving the text message from F on October 3, 2014 to October 10, 2014, the Plaintiff sent the content-certified mail stating that the Plaintiff did not intend to conclude the contract and returned the down payment of KRW 18 million on October 7, 2014. On October 24, 2014, the Plaintiff visited the Defendant’s office of mining to perform the contract.

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