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(영문) 서울동부지방법원 2020.09.01 2019가단157988

위약금

Text

1. The Defendants jointly do so to the Plaintiff at KRW 200,000,000; and

(a) From May 27, 2019 to KRW 100,000 among them.

Reasons

1. Basic facts

A. On September 25, 2017, the Plaintiff and D entered into a real estate lease agreement and facility operation right agreement with the Defendants (hereinafter “instant agreement”).

With respect to the above contract under Article 1 (Security Deposit and Rent), Article 1 (No. 1, A2, B, and B of the Gangdong-gu Seoul Metropolitan Government E building, and the content of the business rights of the first floor underground [F] of underground floor, approximately 40-50 of the area of the business rights of the storage facility, and the area of the business rights of the storage facility operation of the object box] of Gangdong-gu Seoul Metropolitan Government, where real estate is located, the lessor A, A2, B, and B shall pay the deposit and rent as follows by agreement

The deposit shall be paid and received at the time of the contract on September 25, 2017, in the amount of KRW 320 million, the down payment of KRW 20,000,000,000,000,000,000 prior to the date of commencement of business.

The rent (monthly) KRW 5 million (including all other facility management expenses, such as VAT, electricity taxes, water taxes, and expenses for the installation and management of things) shall be deposited into the designated account after one month from the date of commencement of the business.

Article 2 (Term of Lease) The term of contract shall be 48 months (4 years) from the date of commencement of business.

-Article 4 (Cancellation of Contract) - When the lessee has entered into this contract, he shall pay two times the amount received as the down payment to the lessee, and when the lessee has entered into this contract, the contract shall be null and void.

-Article 11 A considers the current commencement of the project (open Date) as at the end of October of this year and also gave guidance to B as at the end of October of this year. If the commencement of the project is not known by December 15, 2017, the contract shall be deemed to have been terminated immediately on the responsibility of the lessor.

Liability for damages shall be governed by the terms of the contract.

B. The Plaintiff and D paid 100 million won each down payment to Defendant B around September 2017, but the Defendants failed to commence the storage facility and the business of operating things, and did not transfer the said business rights to the Plaintiff and D.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and arguments.