(영문) 서울중앙지방법원 2020.06.18 2019가합542917

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(영문) 서울중앙지방법원 2020.06.18 2019가합542917

위약벌 등 청구의 소

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1. The Defendant’s KRW 230,000,000 as well as the Plaintiff’s annual rate of KRW 6% from May 18, 2019 to July 2, 2019.

Reasons

1. Facts of recognition;

A. On March 15, 2019, the Plaintiff entered into a lease contract with the Defendant (a stock company C changed to the current trade name on December 5, 2019) for the lease deposit of KRW 2,00,000,000,000, monthly rent of KRW 140,000,000 (excluding value-added tax), from June 25, 2019 to May 25, 2024.

(hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.

Article 3 (1) The plaintiff and the defendant shall determine the rental deposit for the lease period of the instant lease contract as follows:

A lease deposit: The intermediate payment of KRW 300,000,000 ( March 28, 2019): 500,000,000 ( April 26, 2019): The remainder of KRW 1,200,000 ( April 26, 2019): Article 14 (1) of the Act (Indemnification 25, 200,000 ( June 25, 2019) (hereinafter referred to as “liability”) (where the defendant or his customer intentionally or negligently damages facilities within the instant building or causes breakdown, the defendant shall promptly notify the plaintiff thereof, and compensate for the damages.

(2) The amount of damages under this Article shall be calculated through consultation between the Plaintiff and the Defendant, taking into account the market price at the time of compensation.

Article 18 (3) Where the defendant fails to complete the surrender and restoration to the original state by the end of the contract, the defendant shall pay the amount equivalent to 2% of the lease deposit to the plaintiff as damages.

Provided, That where the period of lighting and restoration to the original state exceeds one month, the compensation for damage shall be calculated as the number of days.

Special Agreement Matters:

1. The instant lease agreement

3. At the time of receiving the down payment on 28.28. The defendant shall pay 300,000,000 won as a penalty to the plaintiff.

3. The Plaintiff shall grant a free rental period of four months (including the interior period) from the date of the remainder to the Defendant.

B. The Plaintiff’s down payment from the Defendant until March 28, 2019, which is the down payment date of lease deposit, is 300,000.

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