(영문) 제주지방법원 2019.12.18 2018나13622

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(영문) 제주지방법원 2019.12.18 2018나13622

계약금

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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. Facts of recognition;

A. On April 21, 2017, the Plaintiff subcontracted to the Defendant the interior and interior works of the coffee shop (hereinafter “instant construction”) in the amount of KRW 78 million (excluding value-added tax) and paid the down payment of KRW 30 million.

B. On October 10, 2017, the Defendant sent to the Plaintiff a certificate of content that “If the instant construction works were not commenced due to the Plaintiff’s circumstances, it would terminate the contract and confiscate the down payment if it fails to perform the obligation of the contractor by October 24, 2017.”

C. On October 12, 2017, the Plaintiff sent to the Defendant a certificate of content that “The Plaintiff and the Defendant agreed to terminate the instant construction contract due to the Plaintiff’s financial reason, and that “The Plaintiff and the Defendant paid KRW 10 million out of KRW 30 million as compensation for damages, and agreed to refund the remainder of KRW 20 million (in September 30, 2017, KRW 10 million up to September 30, 2017, KRW 10 million up to October 2017, KRW 10 million), but the Defendant did not return the said KRW 20 million.”

On October 16, 2017, the Defendant sent to the Plaintiff a certificate of content that “The Defendant attempted to pay part of the down payment as consolation money considering the Plaintiff’s personal friendship, although he/she suffered losses, such as the business plan, drawing preparation, and reorganization, due to the termination of the instant construction contract, although he/she tried to pay the down payment,” to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 4, the purport of the whole pleadings

2. Determination

A. 1) The Plaintiff asserts that the Plaintiff agreed to terminate the instant construction project with the Defendant and return KRW 20 million to the Plaintiff. On the other hand, the Defendant acknowledged that the Defendant agreed to pay approximately KRW 20 million in cash ( KRW 11 million in cash) to the Plaintiff, but it did not follow the written agreement that the Defendant donated KRW 20 million to the Plaintiff as consolation money, regardless of the instant construction project.

유사 판례

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