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(영문) 서울동부지방법원 2018.07.18 2016가합110862
손해배상(기)
Text

1. The counterclaim Defendant shall pay 50 million won to the counterclaim and interest rate of 15% per annum from December 10, 2016 to the date of full payment.

Reasons

1. Basic facts

A. 1) On August 20, 2013, the counterclaim Defendant: (a) completed the registration of ownership transfer on the instant real estate (C) second floor B209, B209-2, B210, B211-1 on the same day; and (b) omitted the entry of “stock company” as to other companies.

(2) On October 31, 2013, the Plaintiff entered into a lease contract with the counterclaim Defendant for lease term of ten years, lease deposit of KRW 1,00,000,000, and the lease deposit for rent of KRW 90,000,00 (hereinafter “instant lease contract”) with respect to the instant real estate on October 31, 2013, and thereafter, the Plaintiff operated a wedding hall from the instant real estate thereafter.

3) The main contents of the instant lease agreement are as follows. ① The monthly rent for the leased object is to be paid as KRW 90,00,000 (the special agreement of Article 23 is priority/value separate) on the last day of each month. ② Notwithstanding the foregoing paragraph, the initial one month from the date of the contract shall be exempted from the rent, but the normal rent shall be paid from December 2013: Provided, That if the contract is terminated or terminated due to the return of B [Counterclaim] during the exemption period, it shall bear the rent under paragraph (1). ③ The payment of monthly rent, management fee, and other expenses may not be replaced with the rent under the lease deposit: Provided, That if the Plaintiff (Counterclaim Defendant) loses the right to lease or has a business trouble of B due to the cause, such as the legal dispute, etc., and if there is a problem in management, the payment of rent, etc. may be immediately substituted by the lease deposit, in addition to Article 8 (Payment of the rental deposit, etc. from the date following the agreement to the date of payment on the actual payment date.

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