(영문) 수원지방법원 2017.01.20 2016가합403

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(영문) 수원지방법원 2017.01.20 2016가합403

건물인도 등

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1. The defendant (Counterclaim plaintiff) shall deliver to the plaintiff (Counterclaim defendant) each real estate listed in the separate sheet.

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Reasons

1. Basic facts

A. On December 2, 2015, the Plaintiff entered into a lease agreement, the payment of down payment, and the delivery of real estate. On December 2, 2015, the Plaintiff: (a) each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) between the Defendant (formerly changed trade name: Hysung Pulpy Co., Ltd.) and the Defendant; and (b) the real estate listed in the separate sheet Nos. 1 and (2) among the real estate listed in the separate sheet Nos.

(2) A lease deposit shall be leased at KRW 55 million, monthly rent of KRW 5,500,000 (paid on the 20th of each month), and the lease term shall be from December 20, 2015 to December 19, 2018 (36 months). Of the lease deposit, KRW 5,500,000,000 shall be paid on December 22, 2015; the intermediate payment of KRW 24,50,000 on December 22, 2015; the remainder of KRW 25,00,000 shall be paid on January 29, 2016 (hereinafter “instant lease”).

A) A contract was concluded and accordingly, 5.5 million won was paid from the Defendant on the date of the said contract. The key contents of the instant lease agreement are as follows: (a) only the lease of the said real estate is: (b) the lessor and the lessee are obligated to pay the lease deposit and rent as follows: (c) the deposit 55 million won is paid and received at the time of the contract; (d) the intermediate payment 20 million won is paid and paid in December 22, 2015; (e) the remainder payment 25 million won is paid. The remainder payment 25 million won shall be paid in January 29, 2016. The remainder payment 5.5 million won is paid on the 20th of each month. Article 2(1) of the Act provides that the lessor shall be delivered to the lessee by December 20, 2015 that the said real estate can be used for the purpose of the lease; and (e) the term of lease may be transferred to the lessee from the date of delivery to December 13, 2019, 2018.

In such cases, the parties to the contract shall pay damages to the other party.

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