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1. The Defendant (Counterclaim Plaintiff) paid KRW 30,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from February 13, 2016 to March 21, 2016.
Reasons
1. Basic facts
A. On February 3, 2016, the Defendant leased 30,000,000 won for deposit money, and 3,000,000,000 won for rent (value-added tax separate) to the Plaintiff on the condition that the Defendant delivered the instant store to the Plaintiff by February 11, 2016, and concluded a lease agreement to the effect that the lease period shall be 24 months from the delivery date.
(hereinafter “instant lease agreement.” Meanwhile, Article 7 of the instant lease agreement provides that “The lessee shall be given two times the amount received as the down payment to the lessee when the lessee has entered into this contract, and the lessee shall be deemed null and void when the lessee entered into this contract, and the down payment shall not be filed a claim for return.” Article 7 proviso clause (6) of the instant lease agreement provides that the Defendant shall not be paid monthly rent for the period of the interior.
B. At the time of the instant lease agreement, D, an intermediary assistant, presented to the Plaintiff the draft of the contract stating “Tri million won” in the down payment column (Evidence 5 of the instant lease agreement), but the Plaintiff, upon consultation by the attorney, filed an objection and subsequently deleted the part of “Tri million won” in the down payment column (Evidence 1 of the instant lease agreement).
C. On January 15, 2015, the Plaintiff paid lease deposit by remitting KRW 10,00,000 to the account designated by D, an intermediary assistant, and KRW 20,000 to the Defendant’s account on February 4, 2016.
The Plaintiff demanded the Defendant to cancel the instant lease agreement through D without receiving the instant store. On February 12, 2016, the Defendant sent to the Plaintiff a certificate of content (Evidence A No. 3) stating that “The Plaintiff notified the cancellation intention at the Plaintiff’s request, and thus, notified the cancellation intention pursuant to Article 7 of the instant lease agreement.” The mail was served on the Plaintiff around that time.
(hereinafter referred to as “instant cancellation notice”). [Ground of recognition] Dispute between the parties is disputed.