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1. The Defendant: (a) KRW 10650,000 and the Plaintiff’s annual rate from May 20, 2016 to November 17, 2016; and (b) the Plaintiff’s rate of KRW 5%.
Reasons
1. Facts of recognition;
A. On March 24, 2016, the Plaintiff: (a) leased the instant cattle shed and compost company located in Go Chang-gun C (hereinafter “the instant cattle shed”); (b) KRW 20 million (the contract amounting to KRW 11.1 million on the contractual date; and (c) the remainder of KRW 8.9 million on April 4, 2016 to April 3, 2020 (hereinafter “contract that forms the basis of the lease”); and (d) paid the Defendant the down payment to KRW 11,100,000 on the day (hereinafter “the instant contract”); and (e) paid the down payment to the Defendant as follows.
Where a lessor or lessee has failed to perform the terms and conditions of this contract, the other party may notify in writing the person who has failed to perform such contract and rescind the contract.
In such cases, the parties to the 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 compensation for damage, unless otherwise
(Article 7)
B. On April 4, 2016, the Plaintiff did not pay the remainder of KRW 8.9 million to the Defendant. On April 11, 2016, the Defendant sent a content-certified mail containing the content-certified mail stating that the contract of this case is terminated on the ground that the Plaintiff did not pay the remainder to the Plaintiff (hereinafter “the Defendant’s rescission and the Defendant are used in content-certified mail”), but in fact, it appears to have used the said expression in the meaning of “cancellation” under the Civil Act, and thus, it is deemed that it actually used the said expression in the meaning of “cancellation” (hereinafter the same shall apply).
C. On April 16, 2016, the Plaintiff: (a) confirmed on April 4, 2016, that the instant livestock shed contains household goods, such as strawing equipment and farming materials, and the occurrence of water leakage and concrete, in the instant livestock shed; and (b) paid the balance to the Defendant on April 8, 2016; (c) did not resolve the problem; and (d) under such circumstances, the Plaintiff notified the Plaintiff of the termination of the instant contract, and thus, the Plaintiff terminated the instant contract.
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