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(영문) 서울동부지방법원 2020.06.25 2018가단24050
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 4, 2016, the Plaintiff entered into an obligatory lease agreement (hereinafter “instant agreement”) with Defendant B to pay 21,000,000 won from October 14, 2016 to October 13, 2018 as deposit money for lease on a deposit basis, and the period from October 14, 2016 to October 13, 2018. However, the down payment of KRW 24,00,000 as indicated in the following special agreement, and the remainder amount of KRW 221,00,000 to be paid by October 14 of the same year.

B. Of the terms of the instant contract, the provisions and special agreement relating to the instant case are as follows.

Article 6 [Cancellation of Contract] Before the lessee pays any balance to the lessor, the lessor shall reimburse the amount equal to the down payment, and the lessee may waive the down payment and cancel this contract.

Article 7 [Non-performance of Obligations and Compensation for Damages] If a lessor or lessee has defaulted on the terms 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 a contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be deemed to be the basis for damages, unless otherwise agreed.

[Matters of Special Agreement]

1. Goods currently in progress of trading the right of sale and purchase, and their purchaser is the plaintiff;

9.8. Change of name;

(A) Acknowledgement after explaining to the Revenue)

2. It shall proceed with the purchaser at present and shall attach a copy of the sales contract after changing its name thereafter;

3. The down payment of KRW 2 million has been deposited into the account, and some of the down payment of KRW 22 million has been deposited into the account on September 9, 2016 after the nominal change.

8. The lessor shall actively cooperate with the loan of all the lease of a loan;

C. Defendant B: (a) KRW 20 million on September 4, 2016, and KRW 24 million on September 10, 2016; and (b) KRW 24 million on September 10, 2016.

F. On September 10, 2016, the Defendant confirmed that the name of the seller was changed in the name of the Plaintiff, and remitted KRW 22 million to the Plaintiff.

B. The Plaintiff was paid as down payment.

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