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(영문) 인천지방법원 2018.08.23 2018나1476
계약금반환
Text

1. The part of the judgment of the first instance against the Defendants shall be revoked.

2. The plaintiff's defendants who correspond to the above revocation part.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in steel wholesale and retail business.

The Defendants shared a total of 5,226 square meters in Seo-gu Incheon Metropolitan City Idong (hereinafter “Idong”), D 4,365 square meters in size and 9,606 square meters in size (hereinafter collectively referred to as “instant land”) (hereinafter collectively referred to as “instant land”) and Defendant B’s infant in Defendant B.

The monthly rent contract deposit of KRW 174,00,000 shall be paid at the time of the contract and the intermediate payment of KRW 70,000,000 shall be paid at the time of the contract and paid at June 20, 2017.

Any balance of 86,600,000 won shall be paid on August 1, 2017.

The rent of KRW 17,400,000 shall be paid after the end of each month.

Article 2 (Duration) The Defendants shall deliver the said real estate to the Plaintiff by August 1, 2017, in a state where it can be used for the purpose of lease, and the term of lease shall be from the date of delivery to July 31, 2019 (24 months).

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 the Defendants or the Plaintiff 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 such cases, the parties to the contract may respectively claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be deemed as compensation for damages, unless otherwise agreed.

Matters of special agreement

1. The purpose of this contract is to refratate by a lease contract for the land in the current site.

7. The rent shall be set aside separately.

On June 8, 2017, Defendant A (personal seal affixed) of the lessor Defendant B (Personal Seal Seal affixed) the Lessee’s representative G team leader H

B. H (the team leader of the Plaintiff) on behalf of the Plaintiff on June 8, 2017, the father of the F Defendant A who represented the Defendants on behalf of the Plaintiff.

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