logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.04.09 2018가단324007
임대차보증금
Text

1. The Defendants jointly pay to the Plaintiff KRW 200,000,000 and the interest rate thereon from September 7, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendants purchased from D on December 7, 2017, in the purchase price of KRW 2.050,000,000 from Kimhae-si Ethy Building F and G (hereinafter “instant cartel”) and completed each registration of ownership transfer as to Defendant B’s share 9/10, and Defendant C’s share of KRW 1/10.

B. Defendant C, on December 7, 2017, took over each secured debt of KRW 394 million against the obligee H group, one of the maximum debt amount of KRW 1.49 billion against the obligee H group, two of the maximum debt amount of KRW 162 million against the obligee H group, and three of the maximum debt amount of KRW 394 million against the obligee I, and completed additional registrations with regard to each of the secured debt of KRW 1.4 million with regard to each of the secured debt of KRW 394 million against the obligee.

(hereinafter referred to as "each of the instant collective security interests") in total, one to three times.

On May 4, 2018, the Plaintiff entered into a lease agreement between the Defendants on the condition that the Plaintiff and the Defendants shall deposit the instant Moel with the term of KRW 200 million, monthly rent of KRW 9 million, and the term of lease from May 15, 2018 to May 15, 2020. However, the Plaintiff entered into a lease agreement between the Defendants to pay the remainder of KRW 10 million by May 15, 2018, on the condition that the lease deposit shall be immediately paid at the time of the contract, and the remainder of KRW 190 million shall be paid by May 15, 2018.

(hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.

Article 6 (Cancellation of Contract) If a lessee does not pay an intermediate payment to a lessor (if there is no intermediate payment, a lessor shall repay a double the down payment, and the lessee may waive the down payment and rescind this contract.

Article 7 (Non-performance of Obligations and Compensation for Damages) If a lessor or lessee has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim damages from the other party according to the termination of contract.

arrow