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(영문) 수원지방법원성남지원 2013.02.06 2012가단207288

계약금반환

Text

1. The Defendant’s KRW 42,00,000 as well as 5% per annum from September 13, 2012 to February 6, 2013 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1 to 5 (including paper numbers), Eul evidence 1-1 and the entire purport of the pleadings:

On July 2, 2012, the Plaintiff, as the Defendant’s owner, paid the deposit of KRW 52,00,000 on the date of the contract deposit, and paid KRW 468,000,000 on August 5, 2012, the remainder of KRW 468,000,000, which was determined from August 5, 2012 to August 4, 2014. The lease period was determined from August 5, 2012 to August 4, 2014.

(hereinafter referred to as “the lease of this case”) B.

The Plaintiff and the Defendant agreed that when the lessor or the lessee fails to fulfill the lease contract in the instant lease, the other party may notify the lessor or the lessee in writing, cancel the contract, claim damages due to the cancellation of the contract, and claim the down payment as the basis for compensation

(Article 6)

C. On July 19, 2012, the Plaintiff: (a) performed the service on the leased object; (b) spent KRW 2,800,000 at its expense; and (c) performed cleaning around the 28th day of the same month; and (d) spent KRW 364,000 at its expense.

The Plaintiff paid the Defendant the down payment of KRW 52,000,000 for the instant lease deposit, but did not pay the remainder on August 5, 2012, which is the remainder payment date.

E. On August 8, 2012, the Plaintiff intended to move into the leased object. However, the Defendant opposed to the Defendant, and the Defendant’s wife was unable to move into the leased object, and the Defendant’s wife could not move into the leased object.

F. Since then, there was no discussion between the Plaintiff and the Defendant on the lease of this case, and on August 30, 2012, the Defendant notified the Plaintiff of the termination of the lease of this case on the grounds of the Plaintiff’s nonperformance of the obligation to pay the remainder.

2. The Plaintiff sought to move into the leased object without preparing any balance on August 8, 2012, which was three days after the payment date of the remainder of the lease of the instant case. However, the Defendant was willing to move into the leased object.