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(영문) 서울북부지방법원 2017.09.22 2017나481
계약금반환 및 위약금
Text

1. All appeals filed by the plaintiff (appointed party) and the appointed party are dismissed.

2. The costs of appeal are assessed against the Plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. On March 20, 2016, the Plaintiff (designated parties; hereinafter “Plaintiffs”) and the Selection (hereinafter “Plaintiffs”) entered into a contract with the Defendant to lease the entire 611.8 square meters of the Seoul Special Metropolitan City, Nowon-gu’s Subdivision (hereinafter “instant building”) (hereinafter “instant lease contract”), and paid the down payment of KRW 10,000,000,000.

1) Term of lease 60,00,000 won, monthly rent 3,000,000 won: (2) Lease 24 months until April 30, 2018 in basic and present state of facilities. (4) Lease 3) Contract goods are currently used as bathing and boiler rooms. The lessor now removes bathing and boiler facilities before all move in.

5) A lessee may not install and use sports facilities in a contract building and change the purpose of use, etc. without the lessor’s consent. In relation to the lessor, the lessor shall provide cooperation if the lessee needs to change the purpose of use for sports facilities (Provided, That the lessor shall bear the expenses) 6) with the lessor for the period of 20 days following the lessee’s interior.

B. Meanwhile, in accordance with the instant lease agreement, the Defendant concluded a construction contract with D(E) and D(E) on March 23, 2016 to remove bathing and boiler facilities: (a) the construction cost of KRW 24,00,000; (b) 15 days after the commencement of the construction period; and (c) the contractor is liable for all physical personal damage at the time of removal.

D In accordance with the above contract, D removed the bathing and boiler facilities of the instant building, and the Defendant paid D the construction price in full.

C. On April 15, 2016, the Plaintiff sent to the above removal company a letter stating, “I wish to walk the left floor of the day only to walk the match. I do not need to walk on the ground that the right boiler was higher than the left boiler so that I do not need to walk in a horizontal sense.”

On April 22, 2016, the Plaintiff, from the floor of the instant building to the ceiling.

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