beta
Text
1. The Defendant’s KRW 50,000,000 as well as the annual rate of KRW 5% from August 29, 2015 to November 2, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 28, 2015, the Plaintiff appears to have been scheduled to move into the instant apartment as a new apartment unit on August 2015, 2015, for the instant apartment building owned by the Defendant C, 105 Dong 1201 (hereinafter “instant apartment”).
The term of lease deposit is 180 million won, contract deposit is 50 million won, contract deposit is 50 million won, and the term of lease is 2 years from the date of occupancy in 2015 to the date of occupancy in 2017, and the remainder of lease deposit is 130 million won by the date of occupancy in 2015 (hereinafter “instant lease contract”).
B. The reason why the down payment stipulated in the instant lease agreement is set at KRW 50 million, which is more than the usual lease agreement, is that the Defendant demanded the above amount due to the lack of the intermediate payment payment out of the sale price of the instant apartment, and accordingly, the Plaintiff paid the Defendant the down payment KRW 50 million to the Defendant on the date of the contract.
C. However, it appears that the Plaintiff had a dispute in the process of communicating with the Defendant in order to consult on the occupancy date, etc. of the apartment of this case in the middle of July 2015, and around July 25, 2015, the Plaintiff should move around August 8, 2015 to the Defendant, while making contact with the Defendant by means of a Handphone text message, the Defendant did not respond properly.
On July 29, 2015, the Plaintiff and the Defendant decided not to maintain the instant lease agreement as the Defendant changed in the circumstance that the remainder of the sale price falls short of KRW 20 million and the Defendant would either receive a loan as security or receive a lease deposit as a result of a change in the situation that the Defendant would no longer receive a loan as security or receive a lease deposit. However, if the Defendant entered into a lease agreement with a new lessee, the down payment paid was agreed to be immediately returned.
E. After that, the Defendant entered into a new lease agreement with Nonparty D on the instant apartment, and D on August 28, 2015.