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(영문) 수원지방법원 안양지원 2018.09.20 2018가단457
계약금반환
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from February 2, 2018 to September 20, 2018, and the following.

Reasons

1. On October 14, 2017, the Plaintiff entered into a lease agreement with C, a representative of the Defendant, with respect to the lease deposit amounting to KRW 155,00,000,00 and the period from November 4, 2017 to November 3, 2019 (hereinafter “instant lease agreement”), and paid the Defendant the down payment of KRW 15,50,000,000.

Article 7 of the instant lease contract provides that “If a lessor or lessee has failed to fulfill the terms of this contract, the other party may demand in writing the person who has failed to perform the contract and cancel the contract. In addition, the other party may claim damages arising from the rescission of contract to the other party, and unless there is a separate agreement as to the damages, the contract deposit shall be deemed as the basis for compensation for damages,” and the special agreement provides that “The lessor shall be the cooperation key for the lessee to obtain the loan of the loan

After entering into the instant lease agreement, the Plaintiff applied for a loan of the lease fund (hereinafter “the loan of the lease fund of this case”) to F Co., Ltd. (hereinafter “F”).

The loan of the lease on a deposit basis of this case is ① entering into a lease contract between a lessor and a lessee, ② entering into a contract between the Housing and Urban Guarantee Corporation and a lessee, ③ entering into a contract between a lessee and a lessee on the assignment of a lease deposit claims between a lessee and a lessee, ③ notify a lessee of the assignment of a lease deposit to a law firm G, ④ notification of the assignment of a lease deposit to a lessor who is the debtor of a lease deposit by a law firm G, ⑤ payment of a loan to F.

After receiving the notice of assignment of claims, the Defendant, a lessor, is the lessor of this case’s lease fund at the time of F’s telephone guidance.

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