손해배상(기)
1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from March 31, 2015 to November 11, 2015.
1. Basic facts
A. On December 5, 2014, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 500,000,000,000 for the first floor (20,000,000 won when the contract was concluded, the intermediate payment of KRW 100,000,000,000,000,000,000 won, and the remainder of KRW 200,000,000,000,000,000,000 won, from March 31, 2015 to March 31, 2017 (hereinafter “instant lease agreement”).
Among the matters of special agreement attached to the above lease agreement, the main contents of this case are as follows:
2. The part payments have been agreed to be paid by January 31, 15 through simultaneous implementation, after obtaining a building permit from neighborhood living facilities, along with related documents after the commencement of construction.
3. To cancel all rights, such as defect in rights to land and buildings, provisional seizure, provisional disposition, etc. as of the date of delivery of leased property, and to make an agreement to establish a right to lease on a deposit basis (500 million won) in preference to the principal building (the cost of creation shall
6. The plaintiff and the defendant agreed that when entering into this contract, they shall cooperate so that the contract can be concluded smoothly, and if the contract is not concluded due to the negligence of the plaintiff or the defendant, they may claim damages, including the opportunity cost under the contract (6% of the cost of creation).
B. The Plaintiff paid 200 million won to the Defendant on the day of the conclusion of the instant lease agreement. To secure the return of the down payment, the Plaintiff completed the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) with respect to C and two parcels, including C, the maximum debt amount of which is KRW 240 million, the Defendant, and the Plaintiff, the mortgagee, and the mortgagee of the right to collateral security (hereinafter “instant right to collateral security”), and disbursed KRW 1,035
C. However, around March 6, 2015, the instant lease agreement was cancelled due to the Defendant’s cause attributable to the cause attributable to the Defendant (the instant lease agreement’s construction permit and the commencement of construction works).