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(영문) 서울중앙지방법원 2016.10.06 2015나58746
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. According to the counterclaim that was brought at the trial of the court, the plaintiff (a counterclaim defendant).

Reasons

1. Basic facts

A. On February 7, 2011, the Plaintiff entered into a contract on the lease of an apartment owned by the Defendant (hereinafter “instant apartment”) with the Defendant (hereinafter “instant lease contract”).

The provisions relevant to this case in the contents of the contract are as follows:

o Lease Deposit: 950,000,000 won: From February 21, 2011 to February 20, 2013.

o Payment of down payment: KRW 95,000,000 shall each be paid until February 8, 2011, and the remainder amount of KRW 855,000,000 shall be paid until February 21, 2011.

o Special Agreement: - A lease under the current condition of the facility – A lease under the condition of the present facility – A lease under the condition set up in the aggregate of the maximum debt amount of the right to collateral security (751,00,000,000 won) No. 1,660,000,000 won, and the maximum debt amount of the right to collateral security (2) No. 91,000,000 won, out of the actual debt amount of the right to collateral security existing until the remainder of the lease - A lease under the condition under which the lessor shall repay the actual debt amount of the right to collateral security (200,000,000 won, whichever is earlier until June 30, 2011 - A lease under the condition under which the lessee shall additionally register the reduction of KRW 20,000,000,000, out of the down payment amount of KRW 95,000 on the contract date, but the remainder of KRW 90,000 shall be remitted to the lessor account until February 28.

B. The Plaintiff paid a down payment of KRW 95,00,000 by February 8, 2011, and paid the remainder of the lease deposit on February 21, 2011, and occupied the said apartment.

On the other hand, on February 25, 201, the Defendant completed registration of modification to reduce the maximum debt amount of the right to collateral security at KRW 660,000 from KRW 660,000 to KRW 420,000,000. On the other hand, on July 10, 2014, the Defendant deleted the right to collateral security at KRW 2,000.

C. On or around March 201, the Plaintiff was unable to continue to maintain the instant lease agreement, and the Defendant demanded the Defendant to terminate the instant lease agreement. The Defendant shall be paid when the Plaintiff entered into a new lease agreement with the new lessee on the water surface.

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