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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. In the first instance court, the Plaintiff sought the return of the premium, the payment of damages for violation of the agreement, and the refund of the premium and the solatium for tort. The first instance court dismissed all the Plaintiff’s primary claim and the conjunctive claim.
In this regard, the plaintiff appealed only to the part of the judgment of the court of first instance dismissing the claim for the return of the premium, and as seen earlier, the plaintiff's respective claims are in a simple and simple relationship. Thus, the subject of the judgment of this court is limited to the part of the claim for the return of the premium among the claims
2. The reasoning for this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 420 of the Civil Procedure Act.
3. The assertion and judgment
A. On April 30, 2010, when the Plaintiff first leased the instant pharmacy, the Plaintiff paid KRW 80 million to the Defendant via E, which is the father of the Defendant. Since the instant lease contract was terminated, the Defendant is obligated to return the said premium to the Plaintiff pursuant to Article 1 of the instant special agreement.
B. Determination 1 accompanied by the lease of a building for business purposes, the nature of money under the name of the lessee, other than the lease deposit or rent, and the occurrence, etc. of a duty to return the premium to the lessor is determined according to an agreement between the parties to the lease or relevant commercial customs. Thus, if there is an agreement or commercial customs to return the premium, the lessor is obligated to return the premium in accordance with the agreement, etc., and unless there are no opposing circumstances in the absence of such an agreement or commercial customs, the lessor who received the premium does not have the duty to return the premium to the lessee.
In other words, the payment of premiums, which is accompanied by the lease of a commercial building, is a lease contract.