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Reasons
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(영문) 서울중앙지방법원 2019.08.28 2018가단5243631
임대차보증금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 14, 2017, the Plaintiff entered into a lease agreement with the Defendant on the five floors above the ground of Gangnam-gu Seoul Building (hereinafter “instant real estate”) with the lessee, and with the Defendant as the lessor, as indicated below (hereinafter “instant lease agreement”).

Article 2 (Lease Deposit)

1.The deposit shall be KRW 20 million and shall be paid as follows:

The down payment of KRW 20 million, the payment date of KRW 180 million on November 14, 2017, the remainder payment of KRW 180 million on December 1, 2017, the payment date of KRW 24 million on December 1, 2017, the rent of KRW 3 million on separate management expenses of VAT, and Article 3 of VAT separately (term of lease)

1. The term of lease shall be December 1, 2017 - November 30, 2019 (24 months);

Where a lessee fails to pay any balance before the commencement date of lease under Article 3, a lessor may terminate the contract after peremptory notice for a fixed period not exceeding ten days.

In such cases, the down payment under Article 2 (1) shall revert to the lessor.

B. The Plaintiff, on November 15, 2017, remitted to the Defendant KRW 20 million, and KRW 30 million on December 14, 2017, as the down payment, respectively.

C. On December 1, 2017, the Plaintiff issued to the Defendant a document stating that “The remaining date was December 1, but failed to comply with the contract date due to internal circumstances, was requested to modify the existing contract period on January 1, 201, and deposited in full the balance by December 29, 201, after deposit of KRW 30 million on December 11, 201.”

On January 4, 2018, the Plaintiff: (a) promised to deposit the remainder of KRW 150 million to the Defendant by January 10, 2018; (b) issued a document stating that “I will not raise an objection against the down payment of KRW 50 million if the deposit is not possible.”

E. The Plaintiff did not pay the remainder of KRW 150 million to the Defendant by January 10, 2018, and filed the instant lawsuit on November 16, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence No. 1-4, Eul evidence Nos. 1 and 2.

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