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(영문) 대구지방법원 2020.07.10 2019가단17352
임대보증금
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 12% per annum from September 5, 2019 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On February 27, 2019, the Plaintiff entered into a commercial building lease agreement (hereinafter “instant lease agreement”) with the Defendant, stipulating that deposit amount of KRW 200,000,000, monthly rent of KRW 8,800,000 (including value-added tax), monthly management expenses, KRW 7,000,000, monthly management expenses, and period of lease from March 1, 2019 to March 31, 2021. The down payment of KRW 100,000,000 shall be paid at the time of the contract, and the remainder of KRW 100,000,000 shall be paid at the time of the contract, and the remainder of KRW 100,00,000 shall be paid at April 30, 2019.

B. The Plaintiff paid 100,000,000 won as part of the deposit to the Defendant on the date of the above contract.

C. The Defendant did not properly abide by the promise to assist the Plaintiff, who had no experience in operating the health center and the public bath while working until April 30, 2019, with the intention of operating the health center and the public bath. The Plaintiff was unable to properly operate the health center of this case due to frequent breakdown of the bathing boiler, massive escape of the health center members, etc.

The plaintiff and the defendant agreed to terminate the lease contract of this case on March 31, 2019. On the same day, the defendant prepared a loan certificate as stated in the attached loan certificate and made it to the plaintiff and paid KRW 25,00,000 to the plaintiff as of April 20, 2019, and the remainder shall be paid in full for the period of May 25, 2019, and June 25, 2019, and July 25, 2019."

E.

The Defendant did not pay KRW 25,000,000 to the Plaintiff on April 20, 2019, and did not pay the said KRW 100,000 to the present day.

F. On May 2, 2019, the Plaintiff sent to the Defendant a written peremptory notice to the effect that “the Defendant was unable to comply with the commitments under the instant agreement and thereby lost the benefit of time.” The Plaintiff sent the written peremptory notice to the Defendant by content-certified mail stating that “The Defendant would have repaid KRW 100,000,000 to May 4, 2019.”

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