(영문) 서울중앙지방법원 2013.11.28 2012가합19173

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2013.11.28 2012가합19173

계약금반환 등

Text

1. Defendant B: (a) paid KRW 37,00,000 to the Plaintiff (Counterclaim Defendant) and the year from March 23, 2012 to November 28, 2013.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On December 201, 201, when the lease term expires, the Plaintiff, who leased and lived with E-owned apartment in KRW 150,000,000, paid KRW 2,000,000 as a provisional contract deposit, to lease Defendant B’s No. 402 of Yongsan-gu Seoul, Seoul (hereinafter “the instant loan”) to Defendant B’s brokerage around the beginning of December 201.

B. When the Plaintiff intended to get a loan of KRW 300,000,000 out of KRW 570,000,000 from a bank, but failed to do so, the Plaintiff agreed to pay the monthly rent equivalent to the interest accrued instead of paying the Defendant B and the lease deposit of KRW 300,000,000.

C. On December 7, 2011, the Plaintiff’s husband G representing the Plaintiff: (a) the husband of the Defendant D; (b) the Defendant C, the Defendant’s broker, and the Defendant B, who represented the Defendant B; (c) concluded a lease deposit of KRW 570,00,00 (payment at the time of a contract); (d) the intermediate payment of KRW 143,00,000 (payment on December 30, 201), the remainder of KRW 70,000 (payment on February 15, 201), the remainder of KRW 300,000 (payment on February 15, 201) and the lease deposit of KRW 570,00,00,00 (payment on June 1, 201) and the lease contract of KRW 50,000 from December 30, 201 to December 29, 2013 (hereinafter “the lease contract”).

Special agreement - Lease under the present facilities.

- The lessor shall maintain the right to collateral security no. 10 and no. 13 until the remainder.

-The down payment, intermediate payment and remainder shall be deposited into the bank account of the lessor.

- If a lessee pays part payments, the lessor shall make it available for occupancy and the lessor shall pay to the lessor a monthly amount of KRW 1,900,000 until the remainder is paid.

- The lessee will simultaneously pay the balance of the loan at the same time with a remainder of KRW 100 million.

- The lessee will cooperate to show the house for the sale and purchase of the goods.

- Other real estate.

유사 판례

-서울고등법원 2015.02.05 2014나6864

-수원지방법원 평택지원 2018.10.17 2017가단60862

-광주고등법원 2015.01.07 2014나1972

-수원지방법원안산지원 2014.02.13 2012가합5466

-광주지방법원 2014.04.10 2013가합3851