(영문) 수원지방법원성남지원 2015.09.11 2014가합3562

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(영문) 수원지방법원성남지원 2015.09.11 2014가합3562

손해배상

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1. The Defendant’s KRW 90,000,000 as well as the annual rate of KRW 5% from June 14, 2014 to September 11, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On March 14, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) between the Defendant and the Defendant with respect to the amount of KRW 750 million,00,000,000,000 (the amount of KRW 75,000,000,000,000,000,000,000,000 for contractual payment and the remainder of KRW 675,000,000,000,000,000,000,000,000,000,000,000,000) from April 16, 2014 to April 15, 2016 (hereinafter “the instant lease agreement”).

On the same day, the Defendant received the down payment of KRW 75 million from the Plaintiff, and repaid part of the secured debt of the right to collateral security against the bank of Switzerland established on the apartment of this case with the said money.

B. Article 6 of the instant lease agreement provides that “If a lessee or lessee has failed to perform the terms of this contract, the other party may demand in writing the lessor or lessee to notify the other party of his/her default and cancel the contract. In addition, the other party may claim damages following the rescission of the contract against the other party, and the other party shall be deemed as compensation for damages, unless otherwise agreed on the damages,” and the special agreement provides that “The lessee shall consent to the loan of the lease fund (Article 2) to the lessee (Article 2),” and that “The lessor shall cancel the lease contract amounting to KRW 924 million in total at the time of the remainder of the contract (Article 3)”

C. The employee of the new bank who received the application from the Plaintiff for the loan of the loan of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit is confirmed

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