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1. The Defendants jointly share KRW 14,800,000 with respect to the Plaintiff and the period from November 22, 2015 to December 8, 2015.
Reasons
1. A cited part;
(a)as shown in the reasons for the attachment of the claim;
(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);
2. Part of the dismissed part (the part of the claim for penalty of KRW 10 million) asserts that the Plaintiff should pay the Plaintiff the down payment amount equivalent to KRW 10 million as penalty, since the instant public property management re-entrustment agreement entered into between the Defendant International Trust Industry is a fraudulent deception and it is impossible to implement the contract.
In the conclusion of a contract for consideration, the contract was cancelled due to reasons attributable to either of the parties, unless there is any special agreement that the contract deposit shall be a penalty with the nature of the cancellation money.
Even if the other party can only receive compensation for the actual damages suffered by nonperformance of the contract, it cannot be said that the contract deposit naturally belongs to the other party as a penalty.
(1) In light of the above legal principles, the Plaintiff’s claim for this part of the Plaintiff’s claim is not acceptable, since the Plaintiff can only claim damages incurred to the Plaintiff due to the Defendants’ nonperformance of the above contract or tort, in light of the legal principles as seen earlier. The Plaintiff’s claim for this part of the claim is not acceptable, in light of the following: (a) the Plaintiff entered into a contract for re-management of public property in this case with an international industry, and (b) the contract for re-management of public property in this case was determined as KRW 10 million; and (c) there is no evidence to acknowledge that the contract was agreed to pay the contract deposit.
3. Thus, the plaintiff's claim of this case against the defendants is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.