logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.11.04 2016가단19817
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 5, Gap evidence 6-1, 2, and Eul evidence 1 to 6.

(1) On January 31, 2013, the Defendant entered into a contract with C to acquire the right to children’s house (=E) located in Scheon-si (hereinafter “instant house”) from C.

(2) On February 7, 2013, the Defendant entered into a lease agreement with F to lease the instant children’s house with F as KRW 150 million, monthly rent of KRW 1.3 million.

(3) On July 30, 2013, the Defendant notified F of the termination of the said lease agreement.

B. (1) On July 22, 2014, the Plaintiff entered into a contract with the Defendant to acquire premium of KRW 35 million with respect to the instant child house, and paid KRW 5 million to the Defendant.

(2) On July 25, 2014, the Plaintiff entered into a lease agreement with F to set the lease deposit amount of KRW 100 million for the instant children’s house and KRW 1.7 million for monthly rent as KRW 17 million.

(3) The Plaintiff paid F KRW 30 million as lease deposit.

(4) On August 22, 2014, the Plaintiff entered into an agreement with F that “(i) F shall make a down payment and intermediate payment (including penalty) to the Plaintiff and pay 49 million won to the Plaintiff until November 30, 2014; and (ii) the F shall pay KRW 1.5 million each month until it pays the said KRW 49 million.”

C. The Plaintiff filed a lawsuit against the Defendant as Seoul Northern District Court Decision 2015Da28051, which sought the return of the premium paid to the Defendant. On August 11, 2015, the said court rendered a judgment that “the Defendant shall pay to the Plaintiff the amount of KRW 5 million and the delay damages calculated at the rate of 20% per annum from June 31, 2015 to the date of full payment.”

The defendant shall have jurisdiction over the District Court.

arrow