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(영문) 수원지방법원 2019.12.10 2018가단550202
위약금 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 18% per annum from June 14, 2018 to the day of full payment.

Reasons

1. Basic facts

A. On July 30, 2015, the Plaintiff entered into a lease agreement with the Defendant on the following terms (hereinafter “instant lease agreement”) with respect to the first floor E and F of the D Building No. 1, and the exclusive use area of 126 square meters (hereinafter collectively collectively referred to as “instant real estate”) of the building, the wife population C and one parcel, as the Defendant-owned, and paid KRW 180,000,000 to the Defendant on the same day.

Article 3 (Delivery of Lease Objects) (1) A lessor shall withdraw the existing lessee of the leased object, restore it to its original state, and deliver the leased object to the lessee on December 1, 2017.

(4) If the lessor fails to deliver the leased object by the scheduled date of delivery without good cause, the lessor shall pay to the lessee the amount calculated at the rate of 18% per annum for the down payment received by the lessor for the period from the day following the scheduled date of delivery to the actual date of delivery to the actual delivery as liquidated damages.

Article 5 (Lease Deposit and Monthly Rent) (1) Lease deposit shall be 600,000,000 won, and monthly rent shall be 21,000,000 won (excluding value-added tax).

(2) Time and method of payment of lease deposit is as follows.

Provided, That the value-added tax on the deemed rent for lease deposit shall be borne by the lessor.

Article 12 (Cancellation and Termination of Contract, Termination of Contract and Event of Contract, etc.) (2) If any of the following events occurs, the lessee may cancel or terminate this contract by notifying the lessor of his/her intention of cancellation or termination in writing, and this contract shall be rescinded or terminated on the written delivery date (if such notification is made after the date of cancellation or termination, the fixed date) of the lessor:

A) In the event that the lessor has breached its contractual obligations under this Agreement, (b) the lessor is unable to perform its delivery obligations under Article 3 (1) on the scheduled date of delivery, or has not completed the alteration of its use under Article 2 (2) for reasons other than those under Article 3 (e) by the scheduled date of delivery.

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