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(영문) 대전지방법원 2014.12.19 2014나8811
계약금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. According to the Plaintiff’s assertion and judgment without any dispute, the entries in the evidence Nos. 1 and 2, and the purport of the entire pleadings, the Plaintiff agreed to acquire the right to lease KRW 4 million from the Defendant around July 13, 2012 to acquire the right to lease KRW 1,00,000 from the store located in Namwon-si, Namwon-si, Seoul, which is owned by the Defendant, and paid the down payment on the day.

Since the plaintiff asserts that the above agreement was rescinded, the defendant is obligated to pay the above one million won to the plaintiff by restitution in accordance with the termination of the contract. Thus, in order to cancel the already established contract, there was an agreement between the parties to cancel the contract, or there was an agreement between the plaintiff and the defendant on the rescission after the other party's right of rescission has occurred due to delay of performance, refusal of performance, impossibility of performance, etc.

There is no evidence to prove that the plaintiff has the right of rescission by law due to delay of performance, refusal of performance, impossibility of performance, etc. of the defendant.

Therefore, the plaintiff's assertion is without merit.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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