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(영문) 서울중앙지방법원 2019.08.29 2017가단5196158
손해배상(기)
Text

1. The Defendant’s KRW 44,710,272 as well as the Plaintiff’s KRW 15% per annum from February 23, 2019 to May 31, 2019.

Reasons

1. Facts of recognition;

A. On June 22, 2017, the Plaintiff entered into a lease agreement with the Defendant on the 3rd floor among the third floor neighborhood living facilities located in Jongno-gu Seoul Metropolitan Government (hereinafter “instant real estate”) on the following terms (hereinafter “instant lease agreement”).

Article 1 of the Real Estate Monthly Lease Contract / [Purpose] The lessor and the lessee shall pay the lease deposit and the rent by agreement only for the lease of the real estate of this case as follows.

Deposit 30 million won KRW 5 million shall be paid at the time of the contract and received at the time of the first intermediate payment of KRW 15 million shall be paid on July 31, 2017.

Any balance of KRW 10 million shall be paid in December 29, 2017.

The rent of 4 million won shall be paid in advance as of the end of each month.

Article 2 [Duration] A lessor shall deliver the said real estate to the lessee by August 1, 2017 in a condition that it can be used for the purpose of the lease, and the lease period shall be from the date of delivery to July 31, 2019 (24 months).

Article 3 (Change of Use, Sub-lease, etc.) A lessee may not change the purpose or structure of the above real estate, transfer the right of lease or offer the security thereof, nor use it for any purpose other than the purpose of lease without the consent

Article 5 (Termination of Contract) Where the term of lease expires, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.

Article 6 [Cancellation of Contract] Before the lessee pays the intermediate payment to the lessor, the lessor shall reimburse the amount of the down payment, and the lessee may waive the down payment and rescind this contract.

In such cases, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be deemed as compensation for damages, unless otherwise agreed.

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