logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2019.05.29 2018가단96637
계약금반환 등
Text

1. The Defendant: (a) from September 21, 2018 to September 21, 2018, and (b) from September 21, 2018 to Plaintiff B, as well as KRW 50,000,00.

Reasons

(2) In the event that B had a director before the expiration of the lease term, a licensed real estate agent H delegated the authority from the Defendant and concluded a lease agreement with the Plaintiff on July 25, 2018 (hereinafter “instant lease agreement”) to lease the instant apartment with the following contents. In addition, Plaintiff B decided on October 8, 2018 to be a director.

The lease deposit amount of KRW 250,000,000 (the contract deposit of KRW 25,000,000, and the remainder of KRW 225,000,000 on October 8, 2018) for 24 months from October 8, 2018 to October 10, 2020 [Article 7] Where a lessor or lessee fails to perform the terms and conditions of this contract, the other party may demand the person who has failed to perform the contract and rescind the contract.

In addition, a person who has failed to fulfill the contract may claim damages due to the cancellation of the contract, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

[Matters of special agreement] * The lessor is a cooperation key for the loan of the entire lease fund.

* A lessor is a dynasium, the whole dynasium and the whole dynasium.

* The lessor’s designated account: The Plaintiff A transferred the down payment of KRW 25,000,000 to the Defendant as the said lessor’s designated account pursuant to the instant lease agreement.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 4 and 7 evidence, purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. The parties’ assertion that the Plaintiff A did not sign and seal the instant lease agreement even after the Defendant entered into the instant lease agreement and received the down payment, thereby claiming that the instant lease agreement was cancelled, and claiming a refund of KRW 25,000,000 and a penalty of KRW 25,00,000, which was already paid due to the restoration to its original state.

As to this, the Defendant paid the balance on October 8, 2018 in accordance with the instant lease agreement and reversed the contract as a subjective judgment by the Plaintiff A, who is to move into the instant apartment.

arrow