(영문) 울산지방법원 2021.01.27 2018가합27030

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(영문) 울산지방법원 2021.01.27 2018가합27030

계약금반환 등 청구의 소

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Plaintiff (Counterclaim Defendant) shall pay to Defendant (Counterclaim Plaintiff) KRW 357,837,750 and shall pay the amount from November 29, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 27, 2013, the Defendant entered into a lease agreement with the Plaintiff, setting the lease term as KRW 300,000,00 for lease deposit, monthly rent of KRW 12,00,00 ( separate value-added tax) (hereinafter “instant lease agreement”). Article 7(1) of the said lease agreement provides that “if this agreement is terminated, the lessee shall restore the said real estate to its original condition and return it to the lessor,” and Article 8(1) provides that “from September 1, 2013 to August 31, 2020, the lessee shall remove the leased property at his/her own expense, such as the removal of the leased property, and shall prevent the lessee from removing the leased property at his/her own expense.”

B. On November 27, 2015, the Plaintiff operated a crowdfunding business at the instant store. On November 27, 2015, the Defendant sent a notice of termination of the instant lease agreement to the Plaintiff on the grounds that the instant lease contract was terminated due to the delinquency in rent for at least three months. Around that time, the notice of termination of the instant lease agreement reached the Plaintiff.

Based on this, the Defendant filed a lawsuit against the Plaintiff on January 21, 2016, and the Defendant: (a) on July 12, 2017, the Ulsan District Court rendered a judgment that “the Plaintiff shall receive KRW 24,242,490 from the Defendant and deliver the instant store at the same time” (the Ulsan District Court Decision 2016No. 20141; hereinafter “the instant related lawsuit”); (b) the Plaintiff appealed on the appeal, but around August 2017, when the appellate court continued, the Plaintiff and the Defendant drafted the “final agreement on the lease agreement” and “D shopping district transaction agreement”, and accordingly, the Plaintiff is related to the instant related lawsuit.

유사 판례

-울산지방법원 2021.01.27 2018가합27030

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-대전지방법원 2020.04.01 2018가합108722

-서울중앙지방법원 2019.05.24 2018가합553095