(영문) 수원지방법원 2018.04.20 2017가합21889

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(영문) 수원지방법원 2018.04.20 2017가합21889

계약금반환

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1. On June 24, 2016, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) for KRW 299,038,206 and KRW 73,538,206 among them.

Reasons

Facts of recognition

A principal lawsuit and a counterclaim shall be deemed simultaneously.

On April 24, 2015, the Plaintiff and the Defendant concluded a lease contract (hereinafter “instant contract”) with respect to each building listed in the separate sheet (hereinafter “each of the instant buildings”) as follows:

The total amount of deposit for lease (60 months) from September 1, 2015 (the date of use) to August 31, 2020 (the expiration date): The remainder of KRW 1,200,000,000 won: The remainder of KRW 1,200,000 won: May 30, 2015, the payment date of the rent of KRW 25,000,000 (AT separate) paid on May 30, 2015: the first payment date of KRW 326,00,000,000,000,000 from September 30, 2015, the remainder of KRW 1,20,000: the lease contract of this case between the two parties to this case and the Defendant (hereinafter referred to as “B”) shall be in accordance with each of the parties to this case; and the contract of this case shall not be in accordance with each of the parties to this case be in accordance with the terms of the lease contract of this case.

Article 20 (Termination of Contract) (1) In any of the following cases, where Eul falls under any of the following subparagraphs, Gap may demand Eul to implement the contract within a reasonable period of time (within ten days) or may terminate this contract if Eul requests Eul to correct his/her breach of duty within such reasonable period of time, and if Eul fails to comply with such demand within such period of time, and in such cases, Eul shall not raise any objection:

1. Where the rent of this month is in arrears for at least two months, 2. Where the remainder of the rental deposit of this contract is not paid by the relevant payment date, and where the payment of the rent of this contract is considerably in violation of each provision of other contract, A may terminate this contract without delay, and in such cases, B shall not raise any objection;

Article 25 (Special Agreement) (2) A shall complete the payment thereof.

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