(영문) 수원지방법원 2018.09.18 2018가단8756

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(영문) 수원지방법원 2018.09.18 2018가단8756

위약금

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1. The Defendant’s KRW 39,00,000 and the following day shall be 5% per annum from May 8, 2018 to September 18, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On September 27, 2017, the Plaintiff and the Defendant concluded a lease agreement with respect to the C Apartment D (hereinafter “instant apartment”) owned by the Defendant on the following terms:

(hereinafter “instant lease contract”). Deposit: 260,000,000 won: 26,000,000 won shall be paid and received at the time of the contract: 234,000,000 won shall be paid on December 1, 2017.

The term of existence: The lessor shall transfer the above real estate to the lessee by December 1, 2017, with the condition that he/she can benefit from using it for the purpose of the lease, and the term of lease shall be December 2, 2019, which is 24 months from the date of delivery.

The cancellation of a contract: Before the lessee pays the intermediate payment (if there is no intermediate payment, the remainder) to the lessor, the lessor may refund the down payment, and the lessee may waive the down payment and rescind this contract.

In case of default and damage: If a lessor or lessee has failed to perform the terms of this contract, the other party may notify in writing the person who has failed to perform the contract and rescind the contract.

In addition, 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 considered as compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

1. A lease contract for the current status of the facilities;

2. The lessee shall be obliged to restore the facility to its original state, if it is damaged by the duty of care and care;

3. Loan under the register is a contract in an undeveloped state and is not a condition.

4. The lessor shall cooperate with the lessee in the lending of the entire lease fund; and

The defendant argued that there was no entry in the clause 4. Paragraph 4. of the special agreement, and the document No. 1 submitted by the defendant that he holds also contains the same clause 4. Paragraph 1 of the special agreement, and the defendant's above assertion cannot be accepted.

Afterward, the defendant entered the above paragraph.

Even at the time of the instant lease agreement, the content thereof.

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