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(영문) 부산지방법원 2012.03.29 2011나16124
차임 등
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On November 3, 2003, the Plaintiff entered into an agreement with the Defendant to additionally pay 10% of the late payment charge every 30 days after the lapse of 30 days (hereinafter “instant agreement on compensation for delay”), and delivered the instant house to the Defendant on November 4, 2003, by setting the lease deposit amounting to KRW 14 million, KRW 200,000 per month (payment on November 4, 2003), and the lease term as from November 4, 2003 to two years (hereinafter “instant lease agreement”).

B. On May 3, 2004, the Plaintiff sold the instant house to D, and on May 20, 2004, the Plaintiff completed the registration of ownership transfer with D on the instant house.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The Plaintiff seeks to pay the Defendant a total of KRW 900,000 and KRW 600,000,000,000 of the agreed damages for delay on the unpaid rent and unpaid rent, and damages for delay.

B. According to the above facts, the lease contract of this case was terminated on or around May 20, 2004 on the ground that it was impossible to perform the obligation to allow the plaintiff to use and benefit from the house of this case, and the defendant is obligated to pay to the plaintiff damages for delay the remaining amount of KRW 90,000,000,000,000 for rent from November 4, 2003 to May 20, 2004, which is the lease term of this case.

C. Furthermore, with respect to the agreed damages for delay on the above unpaid rent that the Defendant is obligated to pay, the agreement on damages for delay in this case shall be based on the penalty for delay in paying the monthly rent in preparation for a delay in paying the monthly rent by the Defendant.

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