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1. All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim filed in the trial are dismissed.
2. Costs of appeal; and
Reasons
1. Facts of recognition;
A. The Plaintiff was introduced through the Licensed Real Estate Agent Office operated by C as KRW 140 million as the lease deposit for apartments owned by the Defendant.
B. On February 11, 2014, the Plaintiff transferred KRW 500,000 to the Defendant’s account under the name of the Defendant, without any reason, while discussing the conclusion of the said apartment-related lease agreement with the Defendant via the brokerage assistant D affiliated with the said licensed real estate agent office.
C. On February 13, 2014, the Plaintiff refused to enter into a lease agreement with the Defendant, and thus, sent content-certified mail to the effect that the above KRW 500,000 should be returned.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, witness C's testimony, purport of whole pleadings
2. Determination on the main claim
A. In light of the above facts of recognition as to the cause of the claim, the Plaintiff and the Defendant did not prepare any documents, such as the contract and receipts, and the KRW 500,00 won is extremely small compared to KRW 14,00,000,000, which is the amount equivalent to 10% of the total lease deposit which is ordinarily received as the down payment, and the practice of general real estate transactions, etc., it is reasonable to deem that, upon D’s recommendation, the Plaintiff and the Defendant withheld the conclusion of the contract and kept 50,000,000 won in advance from the Plaintiff and agreed to refund in the event that the future lease contract is concluded, if it is converted into a part of the down payment and the lease contract is not concluded.
On the other hand, for the formation of a contract, the agreement of the parties is required to be reached, and such agreement of the parties is not required with respect to all matters forming the contents of the contract in question, but with respect to its essential or important matters, it may be specifically agreed upon or specified in the future.