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(영문) 서울북부지방법원 2016.04.29 2014가단32653

계약금잔금

Text

1. The Defendant amounting to KRW 50 million to the Plaintiff and the Plaintiff’s 20% per annum from July 10, 2014 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On September 201, 201, the Plaintiff was delegated the authority regarding the conclusion of the lease agreement and the management of commercial buildings in each sectional ownership from the sectional owners of the 8th floor that is the sales facility of the 5th underground floor in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “D”).

B. On April 17, 2013, the Defendant entered into a lease agreement with the Plaintiff, the representative of the owners of D8th floor and D8th floor, setting the deposit amount of KRW 100 million, monthly rent of KRW 12 million, and the lease period of KRW 5 years.

Under the same conditions as D8th on the same day, the defendant entered into each lease contract on E and D7th, the representative of D7 sectional owners, F and D9th, the representative of D9 sectional owners.

C. On April 17, 2013, the Defendant concluded a sales contract (hereinafter “instant sales contract”) with respect to various facilities and goodwill, etc. on the E, Plaintiff, F, and D7 through nine floors, on a fixed basis as KRW 300 million (per one story shall be calculated as KRW 100 million).

Accordingly, on the same day, the Defendant agreed to pay up to April 2013 to the representative of the 7,8, and 9th class of the lessee, the amount of KRW 300 million in D, the amount of auction movables kept in D, and the amount of investment expenses and goodwill, and the lessee’s president of G H by April 2013. If the payment is not made by the due date, the Defendant written in writing that “I confirm that the 7,8, and 9th class contract will be automatically terminated.” The Defendant written in writing, “I will determine May 10, 2013 and pay.”

On July 31, 2013, E, Plaintiff, and F have drawn up a written confirmation to the Defendant that “All the powers on the collection and incidental facilities of the D7 to 9 floors exist to the Defendant.”

E. By October 24, 2013, the Defendant paid a total of KRW 250 million out of the purchase price of KRW 300 million stipulated in the instant sales contract to F, the representative of nine floors, as of October 24, 2013.

The defendant shall pay the balance of 50 million won on November 11, 2013, as KRW 15 million by the end of November, 201, and the remainder of 35 million by December 30, 201.