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(영문) 부산지방법원 2016.11.03 2016가단12942
약정금
Text

1. The defendant shall pay 5,00,000 won to the plaintiff and 15% per annum from March 18, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On November 8, 2013, the Plaintiff: (a) on behalf of the Defendant Defendant G, the husband of the Defendant agreed with the Plaintiff on a lease contract, re-contract, premium, etc. on behalf of the Defendant; and (b) the Defendant is the Defendant by referring to the Defendant and G

From the end, the lease deposit was leased on June 30, 2015 with respect to KRW 10,000,000,000 monthly rent, and the lease term was up to June 30, 2015, with respect to KRW 104.5 square meters (hereinafter “instant store”) out of 209.68 square meters on the land of Busan Jin-gu, Busan, Busan (hereinafter “instant store”).

(hereinafter “instant lease agreement.” The Plaintiff operated the instant store with the trade name “D”, and the Defendant’s children operated the restaurant business with the trade name “E” at another store of the first floor of the said building.

B. On October 25, 2013, the Plaintiff entered into a real estate right transfer agreement with the lessee F of the instant store to acquire the entire facilities of the instant store from the former lessee F of the instant store in KRW 50 million.

C. On June 11, 2015, the Plaintiff sent to the Defendant a certificate of the content of requesting renewal of the instant lease agreement under the Commercial Building Lease Protection Act upon the expiration of the lease term.

On June 25, 2015, the Plaintiff and the Defendant, with respect to the re-contract of the instant lease agreement, drafted the following terms and conditions as “contract for guaranteeing the re-contract of lease and the goods of non-right (hereinafter “instant agreement”).

1. On June 30, 2015, upon the completion of a two-year lease agreement on June 30, 2015, the re-contract shall be determined on the condition that the mutual opinion on the adjustment of monthly rent is different,

2. Period 1) : Monthly rent of between July 1, 2015 and October 2, 2015: 1,535,000 won.

3. Contents 1) Guarantee of non-property rights: 5,00,000 won in the event that, instead of entering into a short-term renewal contract, a lessor shall pay to the lessee the cost of non-property rights for which mutual consultation has been held at the time of eviction within the re-contract period;

4. Details of prior withdrawal 1: The lessee shall be deemed to have accepted the lessor prior withdrawal from the contract and return the rights, non-property and taxes to him/her. 2).

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