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(영문) 인천지방법원 2016.12.21 2016가단210152

지연손해금 청구

Text

1. The Defendant’s KRW 109,006,027 as well as 5% per annum from March 26, 2016 to December 21, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On April 1, 1998, the Daewoo Motor Sales Co., Ltd. (hereinafter “former Daewoo Motor Sales”) concluded a lease agreement with the Defendant on the lease of KRW 470 million (hereinafter “instant lease agreement”) to lease the 1 and 3 floors of the Bupyeong-gu Seoul Special Metropolitan City B building owned by the Defendant for KRW 470 million (hereinafter “instant store”). On April 28, 2000, the lease agreement was partially amended to the effect that the said lease agreement is terminated after three months from the date of notification when one of the parties to the contract was notified of the termination.

The instant lease agreement includes the following:

Where the lessor of Article 12 (2) delays the return of the deposit, he/she shall pay the lessee a penalty for delay an amount equivalent to 2% per month of the deposit for the period from the date when this contract is terminated to the date when it is actually returned.

B. On November 1, 2001, the former Automobile Sales Co., Ltd. (hereinafter “C”) and the former Automobile Sales Co., Ltd. supplied automobiles to C, and C concluded a contract on automobile sales agency and post-management with the content of selling the said supplied automobiles to consumers. On the same day, C sub-leaseed the instant store to use the instant store for the purpose of the automobile sales office (hereinafter “sub-lease contract”).

C. After that, on March 11, 2011, the Defendant sent a content-certified mail that contains the termination of the instant lease agreement on the ground of provisional attachment against the obligation to return the deposit money for the Gu's vehicle sales, and on March 15, 2011, the instant lease agreement was terminated on June 15, 201, following the arrival of the Gu's vehicle sales.

On the other hand, the defendant around June 1, 201, to Korea MM Co., Ltd. (hereinafter "Korea MM").