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(영문) 서울중앙지방법원 2018.06.20 2018가단5030385

약정금

Text

1. The defendant shall pay to the plaintiff 64,597,368 won with 20% per annum from February 22, 2018 to the day of full payment.

Reasons

1. The following facts of recognition may be found either in dispute between the parties or in full view of each entry in Gap evidence Nos. 1 to 5 (including each number) and all the arguments.

From October 28, 2015 to October 31, 2020, lease deposit amounting to KRW 100,000, monthly rent and monthly management expenses (excluding environmental improvement charges, charges for causing traffic congestion, electricity charges, and water charges) are as listed below. In the event that the payment is not made, the Plaintiff and the Defendant concluded a lease agreement with the content that the overdue interest of KRW 20,000 per annum for the period during which the payment is actually made (hereinafter “instant lease agreement”) and on February 18, 2016, the Plaintiff and the Defendant were determined to file a lawsuit against this.

B. In concluding the above lawsuit telephone damage, the Plaintiff and the Defendant agreed that if the Defendant delayed the payment of the monthly rent and the monthly rent and the monthly rent, and the delayed payment reaches the amount of three times the rent (the amount equivalent to three times the monthly rent) or the amount of money (excluding monthly rent and monthly management fee) that the Defendant is liable to pay to the Plaintiff is not paid on the relevant payment date, and the lease contract is terminated for at least 15 business days from the relevant payment date, it shall be paid after deducting the amount of 40,000,000 won from the balance of the deposit as the restoration cost and penalty.

C. However, from November 2016, the Defendant failed to pay the monthly rent and monthly management expenses under the instant lease contract from around November 2016. Accordingly, the Plaintiff’s settlement clause 4(b) of the lawsuit telephone settlement agreement.

C. A notice of the termination of a lease contract to the Defendant pursuant to subparagraph (d) reached January 19, 2017, and thereafter, the delivery execution of the instant real estate was completed on December 19, 2017 by filing an application for the execution of delivery of the instant real estate based on the complaint on the telephone protocol.