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(영문) 서울중앙지방법원 2016.08.19 2015가단5133467

기타(금전)

Text

1. The Defendant’s KRW 37,187,70 for the Plaintiff and KRW 19% per annum from May 1, 2010 to March 27, 2015.

Reasons

1. On April 1, 2008, the Plaintiff entered into a lease contract with the Defendant on the 7th floor area of Jung-gu Seoul Metropolitan Government C commercial building located in Jung-gu (hereinafter “instant commercial building”) in the amount of KRW 5,000,000.

(hereinafter “instant lease contract”). Under the instant lease contract, the Plaintiff and the Defendant determined the specific location of the store by drawing after paying the said sales price, and decided to settle the sales price according to the increase or decrease in the store size.

(Article I(2). The overdue interest rate for the sale price shall be 19% per annum.

(3) Section 3). The payment rate of the sale price shall be 20% 7,70,000 won at the time of the contract for the down payment of the value-added tax excluding the rental deposit, 3,300,000 3,330,000 11,330,475,000 2,477,500 247,500 8,497,507,500 8,775,000 15,07,000 0,305,775,000 2,475,000 2,475,000 2,475,000 2,475,000 7,407,57,205,7408,75,207, 205,75, 2005,747, 2005, 2008.

In relation to the cancellation of the lease contract of this case, the lease contract of this case included the following contents:

Article 2 (3) The buyer may cancel the sales contract by the time when he gives up the down payment and pays the first intermediate payment.

(4) Where a buyer fails to pay the first intermediate payment by the time of payment of the first middle contract, it shall be deemed that the sales contract has been terminated and the down payment shall not be refunded.

Article 11 (Cancellation of Contract and Penalty) (3) No buyer may cancel the lease contract after the first installment payment.

February 2010.