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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
Basic Facts
On January 16, 2018, the Plaintiff entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with the Defendant and D that “C shall rent KRW 60,000,000 (the remainder KRW 54,000,000,000 at the time of the contract, respectively, in March 30, 2018), and monthly rent of KRW 2,40,000” (hereinafter referred to as “the instant lease agreement”) with the Defendant and D, and thereafter, paid the Defendant a down payment of KRW 6,00,000 (hereinafter referred to as “the instant down payment”).
(B) Article 6 of the instant lease agreement provides that “If a lessee does not make an intermediate payment (in the absence of an intermediate payment), a lessor shall reimburse the lessor before he/she pays the intermediate payment (in the absence of an intermediate payment), and the lessee may waive the down payment and rescind this contract.” Article 7 provides that “The down payment shall be deemed as the basis for compensation for damages, unless otherwise agreed.”
Around March 29, 2018, the instant lease agreement was concluded as a broker for a licensed real estate agent H of the G Licensed Real Estate Agent’s Office. On or around March 29, 2018, the Plaintiff sent a text message to H stating that “any balance will not be paid due to any financial circumstance.” On March 30, 2018, the Plaintiff sent each text message stating that “the contract shall be waived and the contract shall be terminated” and H sent that text message to the Defendant at the time of receipt of each text message.
(B) After April 6, 2018, the Defendant entered into a lease agreement between I and I with regard to the instant apartment as between KRW 50,000,000, monthly rent of KRW 2,300,000, and the contract term from May 10, 2018 to May 9, 2020.
(B) (Evidence No. 8). 【No. 1, No. 1, and No. 2, 3, and 8, respectively, and the purport of the entire pleadings and the purport of the instant lease agreement asserted by the Plaintiff was cancelled. Therefore, the Defendant shall return the down payment to the Plaintiff.