beta
Text
1. The defendant shall pay to the plaintiff KRW 70,000,000 as well as 6% per annum from January 6, 2018 to February 8, 2018 and from the next day.
Reasons
1. Facts of recognition;
A. On December 24, 2017, the Plaintiff and the Defendant entered into a sales license agreement with approximately KRW 177,50,000 for total facility premium of approximately 55,00,000,000 for total facility premium of Songpa-gu Seoul 1st floor M&C. According to Article 4 of the above contract, this contract is automatically rescinded if the transferee entered into a new lease agreement with the owner of the building and entered into a new lease agreement on condition that the contract becomes effective, and the transferor, without penalty, shall immediately return the down payment.
(hereinafter “instant contract”). The Plaintiff paid to the Defendant the sum of KRW 20 million on December 24, 2017, and KRW 70 million on December 26, 2017, as down payment under the said contract.
B. On January 5, 2018, the Plaintiff agreed on the terms and conditions of the lease agreement with the owner of the building, but did not reach an agreement, and thus, the conclusion of the lease agreement was displayed.
【Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 7, purport of the whole pleadings】
2. The party's assertion and judgment as to it
A. According to the above facts finding as to the cause of the claim, since the lease contract between the Plaintiff and the building owner was not concluded on January 5, 2018, the instant contract is automatically rescinded pursuant to Article 4 of the contract, and the Defendant is obligated to pay damages for delay at each rate of 15% per annum from January 6, 2018 to February 8, 2018, the delivery date of the copy of the application for the instant payment order, from January 6, 2018, to February 8, 2018, the delivery date of the copy of the application for the instant payment order, and from the next day to the date of full payment.
B. As to the Defendant’s assertion, Article 4 of the instant contract presented the case where a building owner refuses to enter into a lease agreement or is unable to enter into a contract due to a serious cause attributable to the Defendant, and the Plaintiff’s oral intermediate payment of KRW 50 million is added to KRW 70 million.