(영문) 서울남부지방법원 2015.11.26 2015가단17719

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(영문) 서울남부지방법원 2015.11.26 2015가단17719

계약금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 31, 2014, the Plaintiff’s agent entered into a lease agreement with the Defendant with respect to all the first and second floors of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government D shopping mall (hereinafter “instant shopping mall”) as to KRW 50 million (the amount of KRW 5 million on the day of the contract, the intermediate payment of KRW 20 million on the day of the contract, the remainder payment of KRW 25 million on January 20, 2015, and the remainder payment of KRW 25 million on the day of the contract, and the monthly rent of KRW 4 million on February 27, 2015), and the term of lease (hereinafter “instant lease agreement”).

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

B. The Plaintiff paid the Defendant the down payment of KRW 5 million on December 31, 2014, but the intermediate payment was paid KRW 20 million only from February 6, 2015 after the date of payment.

Accordingly, the Plaintiff’s agent C and the Defendant re-preparation the instant lease agreement on February 6, 2015, and the remainder payment date of the deposit shall be as stipulated in a special agreement with February 27, 2015 and the remainder payment date of the deposit shall be March 14, 2015.

'Additional' was added.

C. However, the Plaintiff failed to pay KRW 25 million to the Defendant by February 27, 2015, which is the remaining payment date, and the Defendant sent a certificate to the effect that the instant lease contract will be rescinded on March 9, 2015, and reached the Plaintiff on March 10, 2015.

The Defendant deposited an intermediate payment of KRW 20 million received from the Plaintiff, and the Plaintiff received the said deposit during the pleading of the instant case.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 3 and 4, part of witness E.

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