(영문) 서울남부지방법원 2015.02.10 2014가단210658

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(영문) 서울남부지방법원 2015.02.10 2014가단210658

위약금 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) the Plaintiff and the Defendant did not dispute each other; or (b) the purport of the entire pleadings in each of the statements Nos. 1 through 3.

On January 10, 2014, the Plaintiff and the Defendant agreed to pay to the Plaintiff the deposit amount of KRW 100,000,000 from September 30, 2015 to September 30, 2015, the lease deposit amount of KRW 50,000,000 from September 30, 2014 to September 30, 2015, through the document (Evidence 1) stating that “The apartment house lease contract” (Evidence 1) shall be written on and after the date of the contract and the remainder of KRW 50,00,000,000 shall be paid from September 30, 2014, and the lessor shall agree to the lease contract without any condition (the same condition as the lease) when all or part of the brokerage object is transferred to another person before and after the date of payment.”

(B) from the next day, the instant lease contract is deemed only to be “the instant lease contract.”

On March 12, 2014, the Plaintiff rejected the Plaintiff’s request on March 12, 2014, for each part of the instant commercial building divided by 1/2 to the Defendant on the following grounds: (a) one lessee is the Plaintiff; and (b) the other one is the Plaintiff as Nonparty D, respectively; (c) however, although the Defendant requested that the lease be concluded on the following grounds: (a) the Defendant used the whole or any part of the leased object as a whole as a whole, or as a whole as a whole; (b) provided that it constitutes a violation of the terms and conditions of a special agreement to demand the Defendant to directly conclude a lease contract with a third party.

2. Determination as to the cause of action

A. The plaintiff asserted 1 of the parties, when the plaintiff takes a third party in accordance with the terms and conditions of the lease agreement of this case, the defendant shall pay 50 million won for each lease deposit between the plaintiff and the third party, 2.1 million won for monthly rent, and 2.1 million won for lease property.

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