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(영문) 서울동부지방법원 2016.06.22 2014가단53371

계약금반환 등

Text

1. The Defendant’s KRW 16,00,000 as well as 5% per annum from October 7, 2014 to June 22, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant leased the lease deposit of KRW 120,00,000 to 120,000 and operated the “D” among the buildings located in Seocho-gu Seoul Metropolitan Government (the fourth floor above the ground and the second floor below the ground).

B. On August 14, 2014, the Plaintiff entered into a contract (Evidence A 2, 200,000, hereinafter “instant contract”) with the Defendant to acquire the business rights and the right to lease of the said D from the Defendant to KRW 230,00,000, and agreed as follows.

The defendant obtained the consent of the lessor, the owner of the building, to the conclusion of the contract of this case.

The down payment of KRW 10,000,000 shall be paid on the date of the contract, and the intermediate payment of KRW 40,000,000 shall be paid respectively on August 14, 2014 and KRW 20,000,000 on August 26, 2014, and the remainder of KRW 180,000,000 shall be paid on September 20, 2014.

“D” places of business shall be transferred on September 20, 2014, and from July 21, 2014 to the same year.

9. Until October, 200, all public charges, operating expenses, and rents related to “D” shall be settled by the Plaintiff.

If the transferor has entered into the contract of this case, he shall pay twice the amount received as the down payment to the transferee, and if the transferee has entered into the contract of this case, the down payment shall be null and void and shall not be claimed to return it.

(Article VII). (c)

According to the instant contract, the Plaintiff paid the Defendant the down payment of KRW 10,000,000 on the day of the contract, and KRW 40,000,000 on August 26, 2014, respectively, and paid KRW 8,00,000,00 as operating expenses for “D”.

However, on September 20, 2014, the Plaintiff failed to pay the remainder of KRW 180,000,000 until September 20, and on September 22, 2014, requested the Defendant to postpone the payment due date on October 6 of the same year, and confirmed that “I would not raise an objection to return the intermediate payment except operating expenses if I would not deposit the remainder by October 6, 2014.” (Evidence 3, No. 16, hereinafter “instant confirmation”).

Meanwhile, the Defendant’s remainder extended on October 7, 2014 to the Plaintiff.