(영문) 부산지방법원 2014.01.08 2013가합47128

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(영문) 부산지방법원 2014.01.08 2013가합47128

채무부존재확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 27, 201, the Plaintiff participated in the “tender for the lease of a convenience store, such as the fourth line,” and was awarded a successful bid for the 18 stores operating the convenience store. On February 7, 2011, the Plaintiff entered into a lease contract with the Defendant for five years from March 25, 2011 (hereinafter “instant lease contract”) with regard to 18 stores within the Busan subway station, including the contract amount of 4,611,420,000, the contract amount of 461,142,000, the contract amount of 922,284,000,000, and the contract amount of 922,284,000,000, and the contract amount of 95 years from March 24, 2016 (hereinafter “instant lease contract”).

B. The Plaintiff concluded a performance guarantee insurance contract with the Defendant for the payment of the instant contract deposit with the Seoul Guarantee Insurance Co., Ltd., and issued the said bond to the Defendant.

Article 8 (Deposit for Contract) (1) A contract bond shall be paid in cash or in guaranty insurance, etc. equivalent to at least 10/100 of the contract amount prior to the conclusion of the contract, as a penalty for breach of contract to guarantee the performance of the contract.

(3) A contract bond shall revert to the defendant in full in any of the following cases:

1. Where the contract is terminated due to a cause attributable to the Plaintiff, the Defendant shall refund the contract bond to the Plaintiff when the contract is faithfully implemented.

C. Article 8 (Contract Deposit) of the Matters concerning Chapter 1 Contract of the instant lease agreement is indicated as follows.

The plaintiff sent a certificate to the defendant to the effect that it is difficult for the plaintiff to cope with the enemy amounting to KRW 80 million per annum. Accordingly, the defendant's termination of the lease contract of this case constitutes a ground for the plaintiff to pay the defendant the penalty equivalent to the contract deposit amount of this case.

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