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1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 21, 2016, the Plaintiff and the Defendant entered into a commercial building lease agreement (hereinafter “instant lease agreement”) with respect to “D building” (hereinafter “instant store”) which is an aggregate building located in Busan, Jin-gu C, Busan, etc. and owned by the Defendant, with the following terms and conditions as the broker of the practicing licensed real estate agent:
The terms and conditions of the instant lease contract (explosive) : - Total amount of KRW 75,00,000 - Payment of KRW 15,000,000 as the down payment at the time of the contract - Monthly rent of KRW 60,000 for the remainder until July 31, 2016: the lease period of KRW 4,250,000 (excluding value-added tax): From August 1, 2016 to July 31, 2018: Where the lease contract is terminated for two years from July 1, 2016, the lessee shall recover the above real estate and return it to the lessor.
In such cases, the lessor shall return the deposit to the lessee, and if the lease is overdue rent or damage compensation, it shall be removed and the balance shall be refunded.
Article 6 (Cancellation of Contract) Before the lessee pays the intermediate payment (if there is no intermediate payment, the remainder), the lessor shall pay a double the down payment, and the lessee may waive the down payment and rescind this contract.
Article 7 (Non-performance of Obligations and Compensation for Damages) If a lessor or lessee has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and rescind the contract.
In addition, the contracting party may claim damages from the other party due to the cancellation of the contract.
[Matters of Special Agreement]
1. A lessee shall enter into a contract after confirming the land use plan, the certified copy of the register, the building register, etc., and making an on-site inspection;
5. Account number of a lessor: Busan Bank B E.
B. The Plaintiff paid the down payment of KRW 15,000,000 among the lease deposit on the date of the contract, but did not pay the remainder of KRW 60,000,000 on July 31, 2016.
[Ground of recognition] Unsatisfy, Gap 1, 12 evidence.