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(영문) 창원지방법원 2018.01.26 2016가단118748

약정금

Text

1. The Defendant’s KRW 51,241,718 as well as 5% per annum from October 31, 2017 to January 26, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 25, 2010, the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with regard to the lease deposit amounting to KRW 40,000,000,000 for second-story entertainment bars, and KRW 2,950,000 for the rent month, and the lease period from December 1, 2010 to November 30, 202 for the second-class neighborhood living facilities of the second-class E-ground reinforced concrete structure (hereinafter “instant real property”).

The Defendant engaged in entertainment tavern business under the trade name “F” in the second floor of this case.

B. On November 22, 2012, the Plaintiff concluded a sales contract with D for the instant real estate, and completed the registration of ownership transfer on January 10, 2013.

The Plaintiff agreed with the Defendant to maintain the instant lease agreement as it is.

C. Around June 2014, the Plaintiff filed a claim suit, including the name of a building, with the Daegu District Court Branch Branch of 2014Kadan5065 on the grounds of the Defendant’s delinquency in rent. On September 18, 2014, the conciliation was concluded between the Plaintiff and the Defendant, and the following content was prepared (hereinafter “instant conciliation protocol”).

[Matters of Mediation]

1. We further confirm that the lease contract entered into between the Plaintiff and the Defendant on the whole of the second-story entertainment bars (a security deposit of KRW 40 million and KRW 2.5 million monthly rent) among the third-story buildings in the north-gu E in the port-si and the second-class entertainment drinking house is valid until December 31, 2019.

2. The Defendant shall pay the Plaintiff for the portion of the rent that was unpaid until October 31, 2014 for two months, and the said lease contract is deemed terminated at the time of default.

3. In the event that the Defendant fails to pay rent more than twice in the future, the Plaintiff may terminate the instant lease agreement, and the Defendant shall immediately restore the leased object to its original state and deliver it to the Plaintiff.

In the event that the lease contract is terminated due to the delay of rent by the defendant or the expiration of the contract is terminated, the defendant.