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(영문) 서울중앙지방법원 2017.06.08 2016가단13497

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from March 15, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 11, 2014, the Plaintiff entered into a real estate lease agreement (hereinafter “instant lease agreement”) with the Defendant as a observer at the Non-Party C, D, and the Defendant’s E-General Law Office. The terms and conditions of the agreement pertaining to the instant case are as follows.

The present owner C of the land and its ground buildings (hereinafter “instant real estate”) in Yeongdeungpo-gu Seoul Metropolitan Government and D of the purchaser of the said real estate as a joint lessor (hereinafter “A”), and the Plaintiff as the lessee (hereinafter “B”) shall enter into a real estate lease agreement with the Plaintiff as follows:

:

1. Indication and usage of real estate and usage of the part of the 1st floor of the land-based building in Yeongdeungpo-gu Seoul Metropolitan Government, which is attached Form A (Omission) and warehouse for the part "B";

2. Lease deposit and rent;

A. The foregoing real estate lease deposit shall be KRW 250 million on the date of conclusion of the contract, KRW 50 million on July 17, 2014, and KRW 100 million on the permission for the establishment of a pharmacy, and KRW 100 million on the permission for the establishment of a pharmacy, shall be paid to the account of Gap’s Escro agent B (the defendant refers to the defendant; hereinafter the same shall apply).

(Deposit Account: New Bank B G). 5. Matters of special agreement;

A. A is to set up a National Assembly member in a part of the above building, with a sonology, a sonology, and an internal department.

(b) If it is impossible to establish a pharmacy of Eul, Gap shall refund the lease deposit.

C. At the time of the conclusion of a contract, an auction held on the above real estate shall be settled by Party A’s responsibility until September 1, 2014, and where it is impossible to settle the auction, Party A shall return the lease deposit to Party B.

“A” (Lessor)

1. C,

2. D “B” (Lessee’s representative) E-General Law Office Attorney B

B. As to the instant real estate at the time of the instant lease agreement, the Seoul Southern Southern District Court H real estate auction case, etc. was pending.

C. Nevertheless, the fact that the Plaintiff entered into the instant lease agreement is the Defendant’s security deposit.