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(영문) 서울서부지방법원 2018.03.23 2017나2476
계약금반환등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On September 7, 2016, the Plaintiffs leased from the Defendant the area of 15 square meters, out of the holess of the Gangseo-gu Seoul Metropolitan Government D Building and the 1st floor No. 101, Eabry eabry, soup and soup, the Plaintiffs leased from the Defendant for sports and auction termination.

(hereinafter “instant lease agreement.” According to the instant lease agreement, the deposit is KRW 20,000,000, whichever is later, KRW 10,000,000, and the remainder of KRW 10,000,000 on the day of the contract, the Plaintiff A paid to the Defendant on the day of the contract, and the rent is KRW 20,000,000 per month.

The term of the lease agreement is one year after the commencement of the business, and the lessor will perform the construction work for the extension of the marina room in the alone, and the lessee agreed to pay the remainder after the completion of the construction.

B. The Plaintiffs urged the Defendant of the defect that did not receive the object of the instant lease agreement due to the delay in the extend construction in marina room, and the Defendant’s son’s son at the time of the instant lease agreement, stated that “F, as of September 27, 2016, on September 27, 2016, shall complete the expansion construction of E-Sa or the auction room by October 4, 2016 (e.g., the removal order for E-Sabsium)” to the Plaintiffs, respectively.

was drawn up.

C. On October 5, 2016, Plaintiff B sent to the Defendant a certificate of content that the Defendant revoked the instant lease agreement on the ground that he/she failed to perform his/her duty, even though the Defendant ordered the Defendant to withdraw the sugar marina business operator at the time of the preparation of the instant written report, and sought payment of KRW 20,000,000, which is a double the down payment. The content certification reached the Defendant on October 6, 2016.

On the other hand, around September 2014, G used 6m2 in the e-mail and beauty art room as a 500,000 won monthly rent from the Defendant at KRW 10,00,000. On the same day, G used the 6m2 in the e-mail and the 500,000 won in the e-mail and the 10,000 won in the e-mail and the 10,000 won in the e-mail.

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