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(영문) 서울서부지방법원 2017.09.28 2017가합34981

임대차보증금

Text

1. The Defendants:

A. The Plaintiff is jointly engaged in the delivery of real estate stated in the separate sheet from the Plaintiff.

Reasons

1. Facts below the facts of recognition are either under dispute between the parties or under dispute between Gap and Eul, and evidence Nos. 1 to 3, as a whole, may be acknowledged by considering the whole purport of the pleadings.

[Article 1] In the lease of the above real estate, the lessee shall pay the lease deposit as follows:

Deposit: 300,000,000 won for down payment: 25,000,000 won for the remainder payment at the time of the contract: 275,000,000 won for the payment on February 16, 2017. [Article 2] The lessor shall deliver the said real estate to the lessee by February 16, 2017, while the lease period shall be from the delivery date to February 15, 2019 (24 months).

[Article 5] When a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor, and the lessor shall refund the deposit.

[Article 7] Where a lessor or lessee has failed to perform the terms of this Agreement, the other party may notify the person who has failed to perform the contract and rescind the contract.

In addition, a person who has failed to fulfill the contract may claim damages due to the cancellation of the contract, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

[Matters of Special Agreement]

3. As of the contract date, KRW 6,714,00,000, the maximum debt amount of a national bank collateral, KRW 300,000,000, the maximum debt amount of a mortgage on the new bank collateral, and KRW 290,000,000, the maximum debt amount of a mortgage on the new savings bank collateral is set as joint collateral.

4. The lessor, before February 20, 2017, shall cancel the maximum debt amount set on the register of a national bank, 6,714,00,000 won, the maximum debt amount set on the register of a new bank, 300,000,000 won, and 290,000,000 won, from the maximum debt amount on the collateral of a new savings bank.

(When cancellation is known, the deposit shall be immediately returned to the lessee and the amount of compensation for mental harm, such as directors' expenses, etc. shall be made at the same time).