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Reasons
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(영문) 대구고등법원 2015.11.19 2014나5167
지체상금등
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1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount:

Reasons

1. Basic fact 【Terms and Conditions of Rental Contract】

1. Of the lease deposit, the down payment of KRW 1.7 billion shall be paid in installments in the amount of KRW 1.3 billion per contract date, KRW 250 million on July 5, 201, and KRW 150 million on July 21, 201, and the intermediate payment of KRW 1.7 billion shall be paid on July 21, 201, and the remainder of KRW 1.7 billion shall be paid on July 29, 201.

2. The Defendant shall deliver the instant land and buildings to the Plaintiff by July 31, 2011.

3. If the Defendant is unable to deliver the instant land and buildings to the Plaintiff by July 31, 2011, the Plaintiff shall be paid KRW 50 million per month with compensation for delay to the Plaintiff and shall not exceed a maximum of 60 days.

(hereinafter “instant liquidated damages agreement”). 4. The Defendant consented and cooperate to sublease the instant building by the Plaintiff.

On June 30, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to set the lease deposit amount of KRW 3.5 billion for lease deposit, KRW 50 million for rent, and KRW 50 million for rent from July 31, 201 to July 31, 2021 (hereinafter “instant lease agreement”) with the Defendant, under which the Plaintiff entered into a lease agreement with the Defendant to set the lease from the Defendant for the period from July 31, 201 to July 31, 2021 (hereinafter “instant lease agreement”).

B. The Plaintiff paid 3.5 billion won to the Defendant by October 25, 2011.

C. On the other hand, on April 1, 2010, the Defendant entered into a lease agreement with D (hereinafter “D”) with the content that it would lease the instant two-story neighborhood living facilities (general restaurants) 836.978 square meters (hereinafter “the instant two-story leased buildings”) of the instant building by setting the lease term of KRW 8.5 million per month, lease deposit amount of KRW 60 million, and lease term from April 1, 2010 to April 1, 2013.

However, on April 13, 201, the defendant notified D of the termination of the lease modification contract, and against D on May 9, 2011.

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