(영문) 전주지방법원 2014.03.13 2012가단28556

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(영문) 전주지방법원 2014.03.13 2012가단28556

해약금 반환

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1. The Defendant’s KRW 7,651,026 as well as the Plaintiff’s annual rate of 5% from November 27, 2011 to March 13, 2014, and the following.

Reasons

1. Basic facts

A. The building listed in the attached list (hereinafter “instant building”) is originally owned by C, and the registration of ownership transfer was made in the name of D on May 30, 2012.

B. On November 31, 2008, the Defendant entered into a lease agreement with C by setting the lease deposit amount of KRW 100 million for the instant building, monthly rent of KRW 4 million (payment on November 28, 2008), from November 28, 2008 to November 27, 201 (hereinafter “instant lease agreement”), and completed the report on business closure following the expiration of the contract term and the delivery of the instant building on December 31, 201.

C. On August 5, 2009, without the consent of C, the owner of the instant building and the lessor of the instant lease agreement, the Plaintiff agreed with the Defendant without any description of the deposit KRW 100,000,000,000 monthly rent, the delivery date of the object, or the sublease period, as follows.

(hereinafter “The sub-lease contract of this case”). - The method of paying the sub-lease deposit, the down payment of KRW 5 million for the sub-lease deposit and the intermediate payment of KRW 30 million shall be paid in all on August 5, 2009, and the balance of KRW 65 million shall be paid in August 28, 2009, respectively.

- The terms and conditions of the special agreement are the contract between the first lessee and the defendant of the second lessee and the plaintiff of the second lessee, and will enter into a lease agreement with the lessor at the time of payment of the balance.

On August 5, 2009, the Plaintiff paid KRW 23,00,000, which is part of the down payment and intermediate payment, to the Defendant, and thereafter, paid KRW 39 million in total until August 28, 2009 (i.e., KRW 5 million intermediate payment of KRW 30 million) but did not pay any balance.

E. After that, around August 28, 2009, the Plaintiff sought to enter into a lease agreement with C, a lessor of the instant lease agreement, according to the terms and conditions of the instant sub-lease agreement, but the lessor did not consent to sub-lease the Plaintiff and refused to enter into the lease agreement.

Each entry of Gap evidence 4-1 and 2.

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