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(영문) 대전지방법원 2019.08.23 2018나107396
계약금 반환 등 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

A. We agree to take over any balance of KRW 20 million (hereinafter “instant contract”) (hereinafter “instant contract”).

(2) On the same day, the Defendant paid the down payment of KRW 20 million to the Defendant. The transferor column of the contract signed by the Defendant’s agent C. Article 4 [Cancellation of the contract] of the terms and conditions of the contract: (3) The transferor endeavors to conclude the lease contract with the owner and the transferee based on the following “the terms and conditions of the lease contract (any change may be made at the owner’s request)” before the remainder payment date; and (4) where the lease contract is not normally concluded or does not proceed, the acquisition of this right is also rescinded, and the down payment and intermediate payment received by the transferor shall be immediately returned to the transferee (hereinafter

3. The owner of the terms and conditions of the lease of the object to be transferred or taken over: The lease relationship between D Co., Ltd.: KRW 150 million for the lease deposit, and the special agreement between the end of the contract period of KRW 6 million for the monthly rent and the end of the year from the end of the contract: * the cause of the lease agreement between the lessor and the end of the year shall be null and void without compensation for total amount of the lease (hereinafter referred to as “special agreement”).

C. The contract of this case contains the following descriptions:

On June 13, 2017, the Plaintiff, at C’s request, remitted additional KRW 10 million to the Defendant.

E. On July 2017, the Plaintiff husband I and the husband J discussed the terms and conditions of “G” on the condition of “B” on the early July 2017. On that premise, “B” expressed its intention to raise the amount of KRW 150 million for the first year, while monthly rent is KRW 6 million for the first year, KRW 500,000 for the second year, and KRW 50,000 for the second year, and KRW 10% for the second year from the third year.

F. During two years, J again requested that E be maintained in the amount of KRW 6 million as in the previous year, after finding it a monthly tea, and E received it and responded to the purport that the subsequent terms and conditions of lease cannot be specified specifically.

G. Before considering these circumstances from J, I will be the first.

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