(영문) 서울남부지방법원 2016.05.12 2015가단227677

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2016.05.12 2015가단227677

기타(금전)

Text

1. The Defendant: (a) KRW 28,00,000 for the Plaintiff and 5% per annum from April 4, 2014 to May 12, 2016; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 26, 2013, the Defendant was operated by the Defendant in the building located in Guro-gu Seoul Metropolitan Government (hereinafter “instant building”) on the part of the Plaintiff on December 26, 2013

The Plaintiff transferred the main business, and the Plaintiff paid the premium of KRW 35 million in return. The Defendant agreed to provide a lease agreement between the owner of the instant building (hereinafter referred to as “building owner”) and the Plaintiff for the purpose of convenience, and agreed to pay the down payment of KRW 10 million on the date of the contract and the remainder of KRW 25 million until February 5, 2014.

(hereinafter referred to as the “instant contract”). B.

Under the instant contract, the Plaintiff paid each of the Defendant KRW 10 million on December 26, 2013, KRW 10 million on January 27, 2014, and KRW 10 million on February 28, 2014.

C. From February 28, 2014, the Plaintiff urged the Defendant from around February 28, 2014, “the Plaintiff is ready to pay the remainder amount of KRW 5,000,000 to the Defendant so that a lease contract can be concluded between the Plaintiff and the building owner.” The Plaintiff would cancel the instant contract if it does not allow the Defendant to enter into the lease contract on the instant building by March 31, 2014.

D. On March 22, 2014, the Plaintiff rejected the lease agreement with the Plaintiff and the building owner on the following grounds: (a) as a result of the Plaintiff’s contact with the building owner with the building owner on or around March 22, 2014, the Plaintiff did not think that the building owner would lease the building of this case for a household-based business purpose; and (b) there was no intention to maintain the lease agreement with the Defendant; and (c) the Defendant did not enter into a lease agreement with the Plaintiff until March 31, 2014.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 3, and 4, the whole purport of the pleading

2. The plaintiff's assertion

(a) The initial outline for the owner of the building;

The intention to newly enter into a lease contract for the purpose of use as the main point.

유사 판례

-대전지방법원 2018.08.30 2016가단209174

-대구지방법원서부지원 2015.05.26 2014가단32896

-창원지방법원 2015.04.01 2014나8855

-의정부지방법원 2014.12.09 2014가단19653

-부산지방법원 2019.10.10 2018나6546