(영문) 의정부지방법원 2015.12.24 2015나8675

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(영문) 의정부지방법원 2015.12.24 2015나8675

계약금반환

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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Text of the judgment of the first instance;

Reasons

1. Facts of recognition;

A. On February 28, 2014, the Plaintiff and the Defendants entered into a lease agreement (hereinafter referred to as “instant lease agreement”) with each of the stores Nos. 507, 508, and 509 of the fifth floor of the E-building No. 508, and 509 of the building no. Do, Namyang-si, Namyang-si, to lease deposit KRW 25,000,000, and the lease term from May 20, 2014 to May 19, 2016, to lease KRW 2,100,000 (excluding value-added tax) respectively (hereinafter referred to as “instant lease agreement”). On the same day, the Plaintiff paid the Defendants the down payment of KRW 2,50,000 on the same day.

B. Article 6 of the lease contract (hereinafter “instant lease contract”) prepared by the Plaintiff and the Defendants at the time of the instant lease contract (hereinafter “the instant lease contract”) states as follows: “When a lessee delivers money or goods to a lessor as a down payment or a security deposit, the lessor shall reimburse the amount of the down payment, and the lessee may waive the contract and rescind this contract, unless otherwise agreed upon, until the intermediate payment (in the absence of an advance payment), and the lessee may waive the contract.” Paragraph 7 of the same Article states as follows: “If the lessee or lessee fails to fulfill the terms and conditions of this contract, the other party may demand in writing that the other party be notified and cancel the contract. The other party may claim against the other party for damages arising from the termination of the contract, and the contract shall be based on the compensation for damages, unless otherwise agreed upon, and in the context of the special agreement, the term “this contract may be terminated” (hereinafter “instant special agreement”).

C. In order to operate a private teaching institute, which is an educational research facility, at the instant store, the Plaintiff is the owner of the instant store in the name of the Defendants, who is the owner of the instant store, on March 11, 2014.

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