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(영문) 서울동부지방법원 2019.06.05 2018나27951
임대차보증금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On October 24, 2014, the Plaintiff entered into a lease agreement with the Defendant to rent KRW 1,200,000,000 as the lease deposit and KRW 52,00,000 as the monthly rent from November 4, 2014 to November 3, 2019 (hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.

The indication of the leased object, the lease deposit, or the lease lease property right on the leased object: Dwewa Holdings 1, 4, 5, 6, and 7 in Gwangjin-gu Seoul Special Metropolitan City(the defendant; hereinafter the same shall apply) shall be set up in order to B (the plaintiff; hereinafter the same shall apply) for the list of trust property or the right to finance.

Article 1 (Rental Deposit) (1) B shall pay the rental deposit to A at the date of payment as follows:

Down payment: 390,000,000 won in contract intermediate payment (the first place): 100,000,000 won in contract intermediate payment (the second place): 110,000,000 won in intermediate payment (the second place) on October 28, 2014: 30,000,000 won in remainder (the first place): and 300,000,000 won in November 3, 2014; and balance (2 tea) on November 3, 2014: 30,000,000 won in case where Article 6 (Cancellation of Contract and Penalty) (1) of the Act on January 3, 2015 falls under any of the following subparagraphs, B shall lose the benefit of time; and A may cancel or cancel this contract after giving a peremptory notice to B for a grace period of at least seven days:

10. Where Eul fails to observe the payment date of intermediate payments and the balance, the contract shall be terminated and the down payment shall be confiscated; and

(1) Special contract deposit (390,000,000) shall be paid to the existing contractor (E).

B. On October 24, 2014, the Plaintiff assumed the Defendant’s obligation of KRW 390,000,000 to E, instead of paying the down payment of KRW 390,000,000, according to the terms and conditions of the instant lease agreement (i) and paid the Defendant KRW 130,000,000 on October 31, 2014, and KRW 130,000,000 on November 4, 2014, and KRW 70,000 on November 7, 2014, respectively.

On November 13, 2014, the Defendant paid 640,000,000 won to the Plaintiff as part of down payment and intermediate payment out of Dweves rental deposit.

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