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(영문) 서울중앙지방법원 2015.12.09 2014가합592450

가계약금반환등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 16, 2013, the Plaintiff entered into a lease agreement (hereinafter “the lease agreement of this case”) with respect to the first, second and second floors underground (hereinafter “the leased object”) among the building (hereinafter “the instant building”) in the Daegu Suwon-gu Suwon-gu Party B and the second floor (hereinafter “the instant building”), and paid KRW 100,000,00 as the provisional contract amount to the Nonparty Company.

A lessor: A lessee of a non-party company: The Plaintiff

1. A lessee shall deposit KRW 10,000,00 for a provisional contract at the account designated by the lessor immediately after entering into a provisional contract with the following: B21,352.70 67,635,00 - B1597.8289,673,00 4,184,740 B1, 588.02 88,203,000 5,880,200 21,159.2315,00,000,23,188,400, and 2,354.260,51,000,003,253,340 (1) in the account designated by the lessor;

(2) KRW 100,000,000 for the provisional contract shall automatically be converted to the deposit under this contract at the time of the conclusion of this contract.

2. The lessor and the lessee shall enter into the provisional contract with respect to the leased object prior to the conclusion of this contract, and the provisional contract shall be entered into on the basis of mutual trust at a level equivalent to this contract by prior agreement between the lessor and the lessee. After entering into the provisional contract, the provisional contract may not be reversed unless it is found that this contract would be inconsistent with or unavoidable.

If the provisional contract is terminated by either of the parties, the provisional contract shall be dealt with in accordance with the lease agreement, but the destroyed one shall not raise any objection.

Upon destruction, the lessor shall return the deposited provisional contract amount, shall be compensated for 00 million won, and the lessee shall be the terms and conditions for the circulation of the provisional contract amount: Provided, That if the parties agree, the provisional contract shall be reversed without any condition and the provisional contract shall be returned.

5. The contract term of this contract is to be extended to the lessor of the existing lessee (C);