(영문) 의정부지방법원고양지원 2017.06.16 2017가합70192

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(영문) 의정부지방법원고양지원 2017.06.16 2017가합70192

건물

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1. On January 4, 2016, which was concluded between the Plaintiff and the Defendant on the outdoor golf practice range located in Pakistan.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who owns all the outdoor golf practice ranges and ancillary facilities (hereinafter “instant golf practice range”).

B. On January 4, 2016, the Plaintiff entered into a lease agreement with the Defendant on the instant golf driving range (hereinafter “instant lease agreement”) with the terms “the lease deposit amounting to KRW 60 million, KRW 16 million, and the lease period from January 4, 2016 to December 31, 2021” (hereinafter “instant lease agreement”).

At this time, the Plaintiff and the Defendant paid the down payment of KRW 20 million out of the above lease deposit of KRW 60 million on January 31, 2016, including the remainder KRW 40 million and the advance payment of rent for six months.

However, the Defendant paid only the down payment of KRW 20 million among the lease deposit under the instant lease agreement until the date of the closing of argument, and did not pay all the remainder and the rent advance payment for six months.

C. Meanwhile, immediately after the conclusion of the instant lease agreement, the Defendant entered into a sublease contract with five persons, including D, on the facilities inside the said golf range without giving any particular notice to the Plaintiff.

Accordingly, the Plaintiff attempted to terminate the said lease agreement on the grounds of the Defendant’s nonperformance of obligation under the instant lease agreement, but he heard from the Defendant that “to move in the instant golf driving range in order to resolve the problems of remodeling construction cost and sub-lessees,” and on June 19, 2016, the Plaintiff prepared a memorandum of agreement between the Defendant and the Defendant that “The Plaintiff shall succeed to all the sub-lease contracts between the Defendant and the five sub-lessees, including the Defendant, and pay the remainder of the remodeling cost that the Defendant has not paid to the Corporation.”

E. On August 23, 2016, the Plaintiff: (a) the Defendant paid the remainder of the lease deposit and the rent in advance for six months.

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