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(영문) 대구지방법원 2015.01.08 2014가합3553
계약금반환 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendants are each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) indicated in the separate sheet.

As a co-owner (each of 1/2 shares), a lease agreement between D and D on July 29, 2013 (hereinafter “instant lease agreement”) with the following terms and conditions:

A) The leased object was concluded. Of the buildings listed in paragraph (2) of the attached Table 2, the remainder of the building with the area of 115.13 square meters, excluding 115.13 square meters underground, among the buildings listed in paragraph (2) of the attached Table.

() Lease deposit: 300,000,000 won (the contract amount of KRW 20,000,000 and intermediate payment of KRW 80,000,000) for lease term: The remainder amount of KRW 200,000,000 on the date of the instant lease contract, and the remainder amount of KRW 200,000 on August 8, 2013): The rent from August 8, 2013 to August 7, 2015: the monthly rent of KRW 6,00,000 (excluding value-added tax) shall be paid on the eightth day of each month; and “the adjustment that the monthly net profit of KRW 6,00,000 after three months would be within the limit of KRW 6,00,000” was paid to the Defendants each of the remainder amount of KRW 20,000,000,000 among the lease deposit under the instant lease contract.

3) On August 8, 2013, D entered into a debt repayment agreement (hereinafter “instant repayment agreement”) with the Defendants stating that “the remainder of KRW 50,000,000 shall be paid by December 31, 2013, but the payment shall be made by December 31, 2013 as interest name at the date of the payment.”

(4) D) From August 8, 2013 to November 7, 2013, as follows: (a) KRW 19,800,000 for the instant lease agreement (including value-added tax) (i.e., rent 6,60,000 x 3 months) and interest 1,500,000 for the instant repayment agreement (=interest 500,000 x 3 months).

The amount paid on the date of payment shall be KRW 3,00,000,000 on October 3, 2013, 201, which was paid on the date of payment, KRW 2,000,00 on November 29, 2013; KRW 3,000,000 on November 22, 2013; KRW 6,000,000 on December 29, 2013; and KRW 2,000,000 on November 27, 2013; and KRW 5,30,000,000 on December 5, 2013; and KRW 21,30,000 on December 21, 200.

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