(영문) 창원지방법원 2019.04.30 2018가단116692

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(영문) 창원지방법원 2019.04.30 2018가단116692

손해배상(기)

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1. The Defendant (Counterclaim Plaintiff) paid KRW 2,00,000,000 to the Plaintiff (Counterclaim Defendant) and against this, from September 21, 2018 to April 30, 2019.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On August 14, 2018, the Plaintiff concluded a lease agreement with the Defendant to lease the instant building by setting the deposit amount of KRW 30 million, monthly rent of KRW 7 million, and February 13, 2019, with the lease agreement between the Defendant as of the same day to start the business upon delivery of the instant building, even during the period of transfer of ownership, and the Plaintiff agreed to pay KRW 20 million on the day of the contract the down payment of KRW 10 million, and the remainder of KRW 20 million on August 27, 2018.

B. On August 28, 2018, under an agreement with the Defendant, the Plaintiff reversed the said sales contract and the said lease contract, and entered into a new lease contract, as in the previous agreement, the Plaintiff shall be KRW 30 million and KRW 7 million per month, and as in the previous agreement, the contract entered into on August 14, 2018 is reversed under agreement, and the new lease contract entered into on condition that the said real estate sales contract be entered into on condition that the said real estate sales contract was entered into (1). The lessee (Buyer) pays the down payment of KRW 100 million out of the sales price of the said real estate until September 11, 2018, and (2).

(A) No. 3-2). (c)

Accordingly, the Plaintiff paid KRW 27 million to the Defendant on the same day ( August 28, 2018), excluding the lease contract amount of KRW 10 million paid to the Defendant on the same day, and KRW 27 million for the monthly rent of KRW 7 million. However, the Plaintiff did not pay the rent thereafter.

The Defendant, via the instant counterclaim, expressed to the Plaintiff the intent to terminate the instant lease agreement on the ground that the Plaintiff did not pay the rent and without permission, and the said document was served on January 14, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 4 (including a tentative number) and the purport of the whole pleadings.

2. Judgment on the Plaintiff’s assertion that the instant lease agreement terminated

A. The plaintiff alleged by the parties.

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