약정금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. A. On July 2015, the Plaintiff and C and the Defendant introduced the interior service company operated by the Plaintiff to the persons, etc. who purchase commercial buildings in the licensed real estate agent office operated by C and the Defendant. However, the Plaintiff agreed to pay the lease deposit of the said licensed real estate agent office and to receive the lease deposit again at the time of termination of the lease contract.
B. Accordingly, on July 2, 2015, the Defendant leased (i) No. 117 of the D Building 117 (hereinafter “the instant real estate”) from the Entertainment Co., Ltd. (hereinafter “the instant real estate”) at KRW 10 million, monthly rent of KRW 1.7 million.
(hereinafter “instant lease agreement”). On July 3, 2015, the Plaintiff, C, and the Defendant, on the following day, agreed to pay the lease deposit for the instant real estate to the Plaintiff, and that C and the Defendant shall pay the monthly rent for the instant real estate, and upon the failure to pay the monthly rent, C and the Defendant immediately agreed to pay the said lease deposit to the Plaintiff.
(hereinafter referred to as “instant agreement”). C.
On July 3, 2015, the Plaintiff transferred KRW 10 million to the entertainment company’s account. D.
The Defendant unpaid the monthly rent of the instant real estate and reached the unpaid amount of KRW 1,166,00,000 around July 2016.
On September 1, 2016, the Defendant and the Human Entertainment agreed to terminate the instant lease agreement, deliver the instant real estate to the Human Entertainment Co., Ltd., and to cover the unpaid rent.
[Reasons for Recognition] Gap evidence Nos. 1 and 2, and the result of inquiry and reply by the court of first instance to the Entertainment Co., Ltd., the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, since the defendant did not pay the monthly rent of the real estate of this case, according to the agreement of this case, the plaintiff is entitled to promote the lawsuit from the day following the delivery date of the complaint of this case to the day of complete payment, as requested by the plaintiff.