(영문) 수원지방법원 2017.04.27 2016나10848

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(영문) 수원지방법원 2017.04.27 2016나10848

손해배상(기)

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1, 2, 3, and 5 may be admitted by taking into account the whole purport of the pleadings:

On April 28, 2014, the Plaintiff entered into a lease agreement with the Defendant on each of the terms that the Plaintiff shall pay the lease deposit amount by dividing the lease deposit amount into KRW 170,000,000, and the lease deposit amount from June 11, 2014 to June 10, 2016 (hereinafter “instant lease agreement”). The Plaintiff shall pay the remainder of KRW 7,300,000, intermediate payment amount of KRW 2,700,000, and the remainder of KRW 160,000,000, respectively (hereinafter “instant lease agreement”).

B. In entering into the instant lease agreement, the Plaintiff and the Defendant entered into a special agreement (hereinafter “instant special agreement”) stating that “(i) the down payment shall be a penalty; ② the Plaintiff shall pay 15,000 won each month to the Defendant at the cost of cleaning stairs; and ③ the Defendant shall place the goods on the part of the stairs.”

C. On September 30, 2015, while the Plaintiff paid a lease deposit under the instant lease agreement, and resided in the place where the Plaintiff received the instant housing portion from the Defendant, the Plaintiff sent to the Defendant, on September 30, 2015, a written notice demanding the implementation of the instant special agreement by October 14, 2015, as the Defendant did not put the goods located in the stairs of the instant housing portion despite the instant special agreement, and if the Plaintiff did not comply therewith, he/she would cancel the instant lease agreement and claim damages for the amount equivalent to the down payment based on Article 7 of the instant lease agreement. However, the document sent to the Plaintiff on October 12, 2015, without being served on the grounds of the absence of the closure.

On October 27, 2015, the Plaintiff is again the Defendant.

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