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(영문) 서울북부지방법원 2020.05.14 2018가단24353
약정금
Text

1. The Defendant’s KRW 90,000,000 as well as 5% per annum from July 11, 2018 to November 27, 2018 to the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 3 as to the cause of the claim, the Plaintiff entered into a lease contract with the Plaintiff on April 12, 2017, setting the lease deposit amount of KRW 100,000 with respect to E-building No. 3, G, H, and I located in five parcels of land, Dobong-gu Seoul, Seoul, and KRW 9,200,000 each month, and the lease term of KRW 9,20,000 each month from April 25, 2017 to April 25, 2018 (hereinafter “instant lease contract”). The Plaintiff, Defendant, and C following mutual agreement between the Plaintiff, and C, received the lease deposit (including the right to claim the refund of the lease deposit) from the Plaintiff on April 23, 2018, and the Defendant agreed to pay the Plaintiff the lease deposit amount of KRW 10,000,000 each month from April 20, 2018.

Meanwhile, on July 13, 2018, the Plaintiff was paid KRW 10,000,000 from the Defendant in accordance with the above agreement.

Therefore, barring special circumstances, the Defendant is obliged to pay the Plaintiff 90,000,000 won (i.e., 100,000 won - 10,000,000 won - 10,0000 won) and 5% per annum under the Civil Act from July 11, 2018 following the due date for payment to November 27, 2018, when the original copy of the instant payment order was served on the Defendant; and 35% per annum under the Civil Act from the next day until May 31, 2019; the main text of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings; and Article 3(1) of the Addenda of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 23156, May 21, 2019).

The plaintiff and the plaintiff.

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