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Reasons
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(영문) 서울서부지방법원 2018.12.13 2017가단230492
손해배상(기)
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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from September 22, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On May 25, 2016, the Plaintiff (Representative C) entered into a lease agreement with the Defendant (former representative D) setting the lease deposit amount of KRW 3 billion, monthly rent of KRW 180,000,000,000, and from June 1, 2016 to May 31, 2021, to the Defendant, who intends to establish and operate a department store exempt from tax on the second and third floors of the building in Yongsan-gu Seoul, Seoul, which is owned by the Plaintiff, with the Defendant (former representative D).

(A) No. 12, hereinafter “instant lease agreement”). In the said lease agreement, the following agreement stipulates that “The calculation of rent shall be from the first day of each month to the end of the following month, and shall be paid by the 15th day of the following month, and even if the Defendant did not use the leased object during the lease period, the monthly rent shall be paid (Article 5), special terms and conditions, and the rent and management fee shall be claimed as normal from June 1, 2016;

With respect to the unpaid amount of KRW 3 billion out of the lease deposit, KRW 1.3 billion until May 31, 2016, and the same year.

6. up to 30.30 billion won a total of 2.7 billion won shall be paid by 1.3 billion won.

The contract is automatically terminated if the deposit is not paid by the due date.

[On the other hand, even on November 26, 2015, the transfer date of the instant lease agreement, the Plaintiff at the time of the lease agreement, set the lease deposit amount of KRW 3 billion, monthly rent of KRW 180 million, and the lease term from April 15, 2016 to April 14, 2021, the Plaintiff entered into a lease agreement to pay KRW 3 billion at the time of the lease agreement, KRW 1 billion until December 15, 2015, and KRW 1.97 million until December 31, 2016, and KRW 60 million from April 15, 2016 to KRW 3 billion.

The defendant is not able to pay the security deposit under the contract of this case.

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