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(영문) 광주지방법원 2016.05.24 2015가단35947
약정금
Text

1. The Defendant amounting to KRW 10 million to the Plaintiff and the Plaintiff’s annual rate of 6% from November 1, 2015 to May 24, 2016.

Reasons

1. Basic facts

A. On April 11, 2011, the Plaintiff entered into a lease agreement with the Dong-gu Seoul Special Metropolitan City (hereinafter “instant building”) with the terms of leasing KRW 35 million, monthly rent of KRW 3100,000,000, and the lease period of April 10, 2013. Around April 1, 2013, the said lease term was extended by April 10, 201 under the said terms and conditions with E, a new building owner, around April 10, 201, the period of lease was extended by April 10, 2015.

(2) No. 1,2). (2)

On October 24, 2014, which was six months prior to the expiration of the lease term for the instant building, the Plaintiff entered into a premium contract with the Defendant (hereinafter “the instant premium contract”) with the content that set forth the premium amount of KRW 50 million for the instant building, following the Plaintiff’s following order to conduct a trading business around six months prior to the expiration of the lease term for the instant building, and received KRW 3 million from the Defendant as the down payment on the same day.

The Plaintiff drafted the premium agreement of this case in the name of the Plaintiff.

Details of the premium contract of this case are as follows.

(Evidence No. 1 and No. 1). The defendant shall pay to the plaintiff KRW 10 million until December 31, 2014, and KRW 10 million until March 31, 2015.

The defendant shall pay 35 million won deposit and remainder of the premium to the plaintiff by June 1, 2015.

(Provided, That the Plaintiff shall pay to the Plaintiff by November 30, 2015, in the event of a shortage in preparing the balance. The Plaintiff shall return the down payment that the Plaintiff received to the Defendant without penalty when the lease contract was not concluded between the Defendant and the said lessor (owner).

【Ground for Recognition: Each entry of Gap evidence 1, Eul evidence 1, 2-1, 2-2

2. The parties' assertion

A. In spite of the premium contract of this case, the Defendant paid 20 million won out of the premium of this case 50 million won until now, and did not pay the remainder of 30 million won.

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