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(영문) 서울북부지방법원 2017.06.02 2015나32675
약정금
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. Facts of recognition;

A. On January 22, 2010, C entered into a contract with D to purchase KRW 185,00,000, down payment of KRW 15,000,000, intermediate payment of KRW 10,000,000 ( February 19, 2010), and the remainder of KRW 160,00,00,00,00.

(Date of Payment, March 12, 2010). (b)

On March 9, 2010, the Plaintiff concluded a lease agreement to lease the instant building with the following content, and the Defendant mediated the said lease agreement.

The main contents of a lease agreement are as follows:

1) Deposit: 40,000,000 won (a balance of KRW 36,00,000,000), monthly rent of KRW 200,000 (payment on April 9, 2010): The lease period is 40,000: (a) the contract under the current condition under the special agreement; (b) the lease is 135,20,000,000 won under the current condition under the special agreement; (c) the lease is the long-term sales. The lease is responsible for G real estate at issue with the issue of KRW 205,00 (Assistant 4,000,000,000; and (d) the entire maximum amount of debt amount of KRW 135,20,000,000,000,000,000: (c) the establishment registration of the mortgage of this case was completed on March 12, 2010; and (d) the establishment of the mortgage of KRW 130,01,05,05,00.

2. Determination

A. On April 9, 2010, the remainder date of the lease deposit after the conclusion of the instant lease agreement, the Plaintiff: (a) sought to cancel the instant lease agreement; (b) however, the Plaintiff drafted a lease agreement again with the purport that “The Defendant is responsible for G Real Estate in the event of an issue under No. 205 (No. 4000/20) of the F Building Da-dong 305 (No. 400/20)” (hereinafter “liability clause”).

After the termination of the lease contract, the Plaintiff shall be refunded KRW 20 million out of the lease deposit.

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