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(영문) 서울중앙지방법원 2020.03.11 2019나57246
임대차보증금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Article 2 (Lease Deposit)

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

Contract deposit: 20 million won, and the balance on November 14, 2017 on the payment date: 180 million won: on December 1, 2017, the payment date: 24 million won per month, and on December 1, 2017: Article 3 separate management expenses of VAT: KRW 3 million per month, and Article 3 (Term of Lease) attached hereto.

1. The term of lease is from December 1, 2017 to November 30, 2019 (24 months).

Article 5 (Penalty) A [Defendant] Where Party B [Plaintiff] fails to pay any balance before the commencement date of the lease under Article 3, he/she may terminate the contract after giving notice for a fixed period not exceeding ten days.

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

On November 14, 2017, Article 1 of the main sentence of the real estate lease contract for the fourth floor of the building in Gangnam-gu Seoul Metropolitan Government (Evidence A 3) states the object of lease as "five floors", but in light of the evidence B, the object of lease seems to be four floors.

(hereinafter “instant leased portion”) entered into a lease agreement with the Defendant (Lessor) on the following terms (hereinafter “instant lease agreement”), and paid the Defendant a down payment of KRW 20 million out of the lease deposit.

B. On December 1, 2017, the remaining date of the remainder, the Plaintiff was December 1, 2017 but failed to comply with the contract date due to internal circumstances. It is understood that the period of the existing contract was requested to be changed from January 1 to December 1, 201, and that it would deposit in full without delay the balance payment by December 29, 201.

The document stating “B” (Evidence No. 1) delivered to the Defendant, and the Defendant accepted the Plaintiff’s above request. Thereafter, on December 14, 2017, the Plaintiff paid KRW 30 million as part of the remainder to the Defendant. (c) The Plaintiff did not pay the remainder by December 29, 2017. On January 4, 2018, the Plaintiff again promised to deposit the remainder with the Defendant at KRW 150 million by January 10, 2018. If the payment is not made, the down payment is not made.

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