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(영문) 부산지방법원 2016.07.14 2015가단80948
손해배상(기)
Text

1. The Defendant’s KRW 23,00,000 as well as 5% per annum from November 19, 2015 to July 14, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant as the Defendant acquired ownership after completing the registration of ownership transfer on September 18, 2015 with respect to the instant apartment Nos. 106-dong 1002 (hereinafter “instant apartment”).

B. (1) On September 14, 2015, the Plaintiff concluded the lease contract of the instant apartment (hereinafter “instant contract”) with the Defendant under the brokerage of the “E Licensed Real Estate Agent Office (Representative F)” located in Busan District Office D, with the following content.

[The contents of the instant contract (explosion) - Lease deposit: 30 million won: 30 million won (payment at the time of a contract) - Any balance: 270 million won (payment at the time of a contract): - The lease period: Article 7 (Non-performance of Obligations and Compensation for Damages) for two years from November 13, 2015 to November 12, 2017 or the lessee has failed to perform the terms of this contract, the other party may notify in writing the person who has failed to perform the contract and rescind the contract.

In such cases, the parties to a contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be deemed to be the basis for damages, unless otherwise agreed.

[Matters of Special Agreement]

4. The lessor shall cooperate with the lessee when the lessee receives a loan of the lease on a deposit basis (40,000,000 won), and the expenses related to the withdrawal of the lease on a deposit basis shall be borne by the lessee; and

5. The accounts for down payment, remainder payment, and interest on loans (the accounts of Nonghyup Bank GB, hereinafter referred to as the “instant deposit account”) are accompanied by several special agreements in attached Form.

(2) The Plaintiff paid the Defendant the down payment of KRW 30 million on the day of the above contract.

C. (1) On November 13, 2015, the scheduled occupancy date of the instant case, the Plaintiff, on November 13, 2015, transferred to the Defendant the remainder of KRW 40 million borrowed from the deposit account (However, the Plaintiff appears to have been returned later) and the remainder of KRW 230 million to the deposit account in this case.

(2) However, the defendant on the same day.

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