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Reasons
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(영문) 대전고등법원 2017.09.14 2017나10099
거래보증금등반환
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1. The part of the judgment of the court of first instance against Defendant A and D shall be revoked.

2. The plaintiff's claim as to the above revocation part.

Reasons

(a)in relation to a contract, if the deposit is not made for more than five days, A shall be settled as a deposit and the balance shall accrue to A and the contract shall be deemed to have been automatically terminated;

3. Where the contract is terminated as the grounds for termination of A during the contract period, in addition to the deposit, the sum of the penalty of KRW 100 million shall be paid to B immediately (within 30 days).

4. Where A fails to repeatedly meet the quantity of this contract (at least 100 tons/months).

5. Where the transaction of goods has been repeatedly delayed to the extent that it would be prejudicial to the beginning of any impediment to the business of Eul;

6. Where he/she has suffered damage due to a violation of the commercial morality or intentional misconduct between A and B;

7. Where Gap and Eul cannot proceed with the business due to the disposition of cancellation, suspension, etc. of business from a supervisory agency.

8. Where Gap and Eul lose business qualification, suspend or discontinue business in accordance with the relevant Acts and subordinate statutes, this contract shall be deemed to have been automatically terminated;

* If any matter under Article 9, paragraph 1, 4, 5, 6, 7, or 8 occurs, the security deposit shall be refunded to B within 30 days.

C. Under the instant contract, the Plaintiff paid KRW 120 million to Defendant B on February 20, 2012 as the transaction deposit, and KRW 80 million on February 29, 2012, and thereafter, paid KRW 50 million on March 2, 2012 at Defendant B’s request.

Defendant B’s discontinuance of business was revoked on June 27, 2012 due to the closure of business during the contract period of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 4, 2, 3-1, 16-1, 5, 13, 14, Eul evidence 1-1, 2-2, and the purport of the whole pleadings

2. Claim against the defendant B

A. According to the instant contract, the Plaintiff paid the Defendant B KRW 20 million, as the transaction deposit, on February 20, 2012; KRW 80 million on February 29, 2012; KRW 50 million on March 2, 2012; and KRW 250 million on March 2, 2012.

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