(영문) 서울중앙지방법원 2020.06.19 2019가단5176851

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(영문) 서울중앙지방법원 2020.06.19 2019가단5176851

손해배상(기)

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1. The Defendants jointly share KRW 5,000,000 for each of the Plaintiffs, and as to this, from June 26, 2019 to June 19, 2020.

Reasons

1. Facts of recognition;

A. On April 26, 2019, the Plaintiffs entered into a contract with the Defendants under which Seongdong-gu Seoul Metropolitan Government E apartmentF apartment (hereinafter “instant apartment”) owned by the Plaintiffs entered into the lease deposit of KRW 1.1 billion (the contract amount of KRW 110 million shall be paid at the time of the contract, and the balance of KRW 990 million shall be paid as of April 29, 2019), and the lease period shall be fixed from April 29, 2019 to April 28, 2021 (hereinafter “instant lease contract”).

B. Article 7 of the instant lease contract provides, “If a lessee or lessee has failed to fulfill the terms of this contract, the other party may notify in writing the person who has failed to perform the contract and cancel the contract. In such cases, the other party may claim damages arising from the cancellation of contract against the other party, respectively, and the contract deposit shall be deemed as compensation for damages, unless otherwise agreed.”

C. From May 10, 2019 to May 13, 2019, the Defendants only paid KRW 1 million to the Plaintiffs out of the down payment stipulated in the instant lease agreement, and did not pay the remainder down payment of KRW 19 million to the Plaintiffs.

On May 13, 2019, the Plaintiffs sent to the Defendants a certificate of content that “if the payment of the down payment and the remainder of the instant lease is not performed on May 14, 2019, the Plaintiffs are known to be the termination of the contract,” and the said certificate of content reached the Defendants around that time.

E. The Defendants did not pay the remainder down payment to the Plaintiffs upon obtaining the certification of the above content.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 2 (including a branch number; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the cause of action

A. When a contract is rescinded due to the delay of performance as to the rescission of the instant lease contract, a period of time is fixed.

유사 판례

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