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1. The Defendant’s KRW 64,500,000 as well as 5% per annum from September 13, 2014 to October 29, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is the owner of Busan Shipping Daegu Co., Ltd., 501 square meters and its ground reinforced concrete and its ground structure, and multi-family housing living facilities and detached houses, D large scale 569 square meters and their ground reinforced concrete tanks, sculptures sloping roof neighborhood living facilities and housing (hereinafter “each of the instant real estate”). Among them, D large scale 569 square meters and their ground buildings were leased to E with lease deposit KRW 50,000,000, monthly rent of KRW 4,000,000, and the period of May 10, 2014. At present, F, the husband of E, is currently running a screen golf business with the trade name “G scrap driving range (hereinafter “instant screen golf course”).
B. For the purpose of operating a screen golf course, the Plaintiff first paid KRW 43,000,000, while negotiating with the Defendant, while setting up a plan to rent each of the instant real estate. On January 7, 2014, the Plaintiff concluded each of the instant real estate lease agreements with the following contents, and paid KRW 43,000,000, which was paid earlier, as down payment.
The lease deposit for a real estate lease contract (as of January 7, 2014): 200,000,000 won - down payment of KRW 43,00,000 shall be paid and received at the time of the contract.
Any balance shall be paid on April 30, 2014.
Monthly rent: 10,000,000 won: Effective date: May 15, 2014: Effective date: May 15, 2017.
On February 18, 2014, the Plaintiff entered into a new lease agreement with the Defendant under which the terms and conditions for the payment of deposit, rent, and term of existence have been modified (hereinafter “instant lease agreement”), and paid 40,000,000 won to the Defendant on the same day.
The lease deposit for a real estate lease contract (as of February 18, 2014): 200,000,000 won - down payment of KRW 83,00,000 shall be paid and received at the time of the contract.
- The intermediate payment of KRW 67,000,000 shall be paid on February 28, 2014.
- The balance of 50,000,000 won shall be paid on March 1, 2014.
Monthly Rent: 9,000,000 India Date: the duration of March 1, 2014: Non-performance of obligations and damages on March 1, 2017: the original and the Defendant shall be in default on the terms of this contract.