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(영문) 서울서부지방법원 2016.07.07 2016나152
손해배상등
Text

1. Of the judgment of the court of first instance, KRW 1,00,000 against the Plaintiff and its related thereto, from July 7, 2015 to July 7, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant entered into two recommended lease agreements (hereinafter “instant first and second lease agreements”) with respect to the building on the land (hereinafter “instant building”) in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul (hereinafter “instant building”).

(1) On March 14, 2015: Lease deposit for the first floor and second floor of the instant building from May 7, 2015 to May 6, 2024: From May 7, 2015, to May 6, 2024: 25 million won (contract deposit for 2.5 million won, remainder 2.5 million won): On April 11, 2015, the date of the second lease contract for 1.7 million won: From May 7, 2015 to May 6, 2024: The third floor contract period of the instant building: From May 7, 2015 to the date of the instant contract: The lease deposit for the first floor and the second floor contract period: the lease deposit for the first floor from May 7, 2015 to the date of the instant contract: the lease contract deposit for the remainder of KRW 10 million (the remainder of KRW 9 million) to the other party to the contract may not be deemed to have been repaid the contract deposit from the other party to the contract deposit.

B. At the time of the first lease contract, the Defendant paid the Plaintiff the down payment of KRW 2.5 million, and at the time of the second lease contract, the Defendant agreed to pay the down payment of KRW 1 million on April 20, 2015, and the remainder of the deposit amount of KRW 9 million on May 30, 2015.

C. Around April 15, 2015, the Defendant notified the Plaintiff of the termination of each of the instant lease agreements, and on April 23, 2015, the Defendant prepared a document evidencing the purport that the instant lease contract would be renounced and the instant lease contract would be rescinded pursuant to Article 6 of the Lease Agreement as of April 23, 2015, and sent on May 7, 2015, and notified the said purport in writing.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 11, Eul evidence Nos. 5 and 6 (including virtual numbers), and arguments.

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