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(영문) 서울동부지방법원 2020.07.09 2019가합108587

위약금

Text

1. The defendant has 5% per annum from April 6, 2019 to July 9, 2020 on each of the above amounts of KRW 85,00,000 to the plaintiffs.

Reasons

1. Determination as to the cause of claim

(a) The following facts may be found in each entry in Gap evidence 1 to 7 (including each number, if any) by integrating the purpose of the entire pleadings:

(1) On November 25, 2016, the Plaintiffs leased Seongdong-gu Seoul Metropolitan Government E ApartmentF (hereinafter “instant apartment”) from D Co., Ltd. with the lease term from December 16, 2016 to December 15, 2018, the lease deposit amount was set at three billion won.

(2) On July 16, 2018, G entered into a sales contract for the instant apartment with D Co., Ltd., and concluded a lease contract with D Co., Ltd. on November 13, 2018, setting the lease term from December 17, 2018 to April 16, 2021 with respect to the instant apartment with Plaintiff B and the instant apartment.

(3) Accordingly, the Plaintiff Company G and Plaintiff B entered into a new lease agreement at the request of G Co., Ltd., which failed to complete the registration of ownership transfer under the sales contract due to the unpaid payment of the purchase and sale balance, and the Plaintiffs entered into a lease agreement with G Co., Ltd., on December 17, 2018, setting the lease term for the instant apartment as 3.4 billion won from December 26, 2018 to April 26, 2021.

(4) However, after the fact that the purchaser of the sales contract for the instant apartment was changed to the Defendant, G Co., Ltd. notified the Defendant of the fact that the purchaser of the sales contract for the instant apartment. Accordingly, on December 21, 2018, the Plaintiffs entered into a lease agreement with the Defendant with regard to the instant apartment from December 26, 2018 to April 26, 2021, with respect to the instant apartment (hereinafter “instant lease agreement”). The lease deposit is KRW 3.4 billion (the remainder of the lease deposit KRW 3.4 billion and KRW 3.6 billion), but the lessee directly wages the lease deposit amount of KRW 3.4 billion at the account of D Co., Ltd. until December 26, 2018, to complete the registration of ownership transfer without delay (hereinafter “the instant lease”). The following contents are as follows in the instant lease agreement.