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춘천지방법원강릉지원 2015.11.17 2015나5375
리조트 해지 환불금 반환 청구
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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. The parties' assertion

A. The Plaintiff asserted that the Plaintiff entered into a contract for the use of a set of Multilateral Art, the deposit of which is KRW 1,980,000, with the Defendant. However, the Plaintiff paid KRW 200,000 to the Defendant as a penalty in advance according to the Defendant’s guidance, and subsequently declared the intention of termination, the said contract for the use of the set of Multilateral Art was terminated.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 1,584,00,000, remaining after deducting the amount equivalent to 20% of the deposit amount from KRW 1,980,000 under the LAS LAS LAS’s contract (i.e., KRW 1,980,000 x 0.8) and penalty of KRW 200,000,000 paid in advance following the return of unjust enrichment, and delay damages therefrom.

B. The Defendant’s assertion ① According to the Multidol ELS Agreement (Evidence A No. 1 and 13) signed between the Plaintiff and the Plaintiff, the deposit for payment is not returned even after the termination of the contract, and the deposit is returned upon the expiration of the contract period (10 years). Thus, the Defendant is not obligated to return the deposit to the Plaintiff.

② The Plaintiff sent a certificate of the content that included the Plaintiff’s expression of termination of the multilateral LELS LAT use contract, “Seoul Gangdong-dong 337-50, 7 stories” is not the Defendant’s address, and the Defendant did not receive the certificate of content from the Plaintiff.

③ Since the Plaintiff paid KRW 1,06,240 out of the deposit amount of KRW 1,980,000, the deposit amount to be paid is 198,000, the penalty for breach of contract is 909,172, the penalty for delay is 909,172, and the amount for delay damages is 223,564, which is the rate of 5% per annum on the unpaid amount is deducted from the above 1,006,240.

④ Since the Plaintiff’s transfer of penalty of KRW 200,000 to the Plaintiff (KB) account is unrelated to the Defendant, the Defendant is not obligated to pay the said KRW 200,000 to the Plaintiff.

2. Facts of recognition;

A. The defendant is a corporation that is established on July 10, 2006 and runs a recreational condominium sales management operation business.