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(영문) 서울중앙지방법원 2016.09.29 2015가단5132815

약정금

Text

1. The Defendant’s KRW 113,483,00 and its weight, among the Plaintiff:

A. From July 7, 2014 to May 22, 2015, KRW 50,000.

Reasons

1. Basic facts

A. On November 19, 2013, the Plaintiff leased the “Seoul Jongno-gu C Ground Buildings and D Ground Buildings” owned by the Defendant from the Defendant during the period from April 16, 2014 to April 15, 2021, with a deposit of KRW 550,000, monthly rent of KRW 4,000,000, and the lease period of KRW 16, 201.

B. Thereafter, on March 7, 2014, the Plaintiff leased “Seoul Jongno-gu E-Ground Building” owned by the Defendant from the Defendant to April 15, 2019, by setting the deposit amount of KRW 100,000,000, monthly rent of KRW 1,50,000, and the lease period from April 16, 2014 to April 15, 2019.

C. On March 7, 2014, the Plaintiff and the Defendant entered into a contract with F (Business Name G) and F (Business Name G) with respect to each of the above leased buildings, setting the construction cost of KRW 450,00,000 (excluding value-added tax) and the construction period from March 7, 2014 to May 7, 2014 (hereinafter “instant remodeling project”).

On the other hand, the plaintiff and the defendant agreed that KRW 300,000,000 of the above construction amount shall be borne by the plaintiff, and KRW 150,000,000 shall be borne by the defendant, but the above amount borne by the plaintiff shall be preserved by the defendant later.

On April 7, 2014, the Defendant borrowed KRW 500,000,000 from the Plaintiff, and on the same day, the Defendant prepared and ordered the Plaintiff to “written non-performance” (hereinafter “written non-performance”) with the following contents as the Plaintiff:

1. The Defendant shall pay the Plaintiff KRW 500 million by October 30, 2014.

2. In the event that the amount of the loan is not repaid by the above day, the monthly rent contract concluded with the Plaintiff (Jero-gu C, E, D) shall be converted into the monthly rent contract with the Plaintiff, and the deposit money shall be fixed as KRW 1.6 billion.

(1.60,000,000 won out of KRW 1.550,000,000 is conditional during the contract period as premium)

3. Interest on loans (50 million won) from a foreign exchange bank shall be paid until a loan is fully repaid;

The loan shall be set up as security by each collateral security of KRW 400 million in C, E, and D, KRW 200 million in H, and I.

4. No collateral security shall be created against third parties any longer on C, E, or D leased property.

In addition, the mortgagee of the right to collateral security on the property above.