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(영문) 전주지방법원 2015.11.20 2014나3767
해약금 반환
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 25,162,843 as well as to the plaintiff on January 2012.

Reasons

(b). b.

On August 5, 2009, the Plaintiff entered into a sub-lease agreement with the Defendant on the instant building with respect to the following in order to operate the said telecom.

(2) A lessor and a lessee may pay the lease deposit and rent as follows. A deposit of KRW 100 million is paid and received at the time of a contract. An intermediate payment of KRW 30,000,000 shall be paid on August 5, 2009. Any balance of KRW 65,000,000 shall be paid on August 28, 2009. If a lessor and a lessee fail to perform the terms and conditions of this contract, the other party shall be notified in writing to the nonperformance and the other party may claim against the other party for damages arising from the rescission of the contract, and unless otherwise agreed, the contract shall be deemed to be based on a contract deposit between the Plaintiff and the Plaintiff 1 and the lessee.

On August 5, 2009, the Plaintiff paid KRW 23,000,000 in total to the Defendant from August 28, 2009 (i.e., the intermediate payment of KRW 5,000,000 in the intermediate payment of KRW 30,000,000 in the intermediate payment of KRW 5,000 in the intermediate payment of KRW 30,000 in the intermediate payment of KRW 30,000 in the intermediate payment of KRW 4,00,000 in the instant building). From August 5, 2009, the Plaintiff began to take over six-story housing of the instant building and reside therein.

After that, around August 28, 2009, the Plaintiff intended to enter into a lease agreement with C, a lessor of the instant building, in accordance with the terms and conditions of the instant sub-lease agreement, but the lessor did not consent to sub-lease to the Defendant, while refusing to enter into a lease agreement with the Plaintiff.

E. On December 31, 2011, the Defendant continued to operate the Felel in the instant building.

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