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(영문) 대구지방법원서부지원 2015.10.22 2014가단32193
약정금
Text

1. Defendant C shall pay to the Plaintiff KRW 43,00,000 and KRW 1,00,000 per month from March 8, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On February 23, 2013, the Plaintiff leased the first floor of the building D in Daegu-gu, Daegu-gu (hereinafter “instant building”) owned by the said Defendant from Defendant C during the period from March 7, 2013 to March 6, 2015, with deposit money of KRW 23 million, monthly rent of KRW 2 million (prepaid, seven days payment), and the lease period from March 7, 2013 to March 6, 2015.

(hereinafter “Lease of this case”). (b)

However, Defendant C demanded the Plaintiff to deliver the instant building on or around December 2013, before the lease term expires.

F A) The purchase and sale of a building on the F-owned land located in D in the Seo-gu, Seo-gu, the object of the agreement, and F (Lessee A) shall fully order the lessor to receive deposit amounting to KRW 23 million, directors' expenses, and agreed amounting to KRW 57 million until March 30, 2014: Provided, That if the lessor becomes aware of by the marbing date, the lessee shall be liable for damages one million per day.

The intermediate payment shall refer to the payment of KRW 0,000,000, including the deposit money, February 20, and the remainder of KRW 0,000 shall be paid at the time of leaving.

A on February 10, 2014

C. Accordingly, on February 10, 2014, the Plaintiff requested Defendant C to compensate for the director’s expenses and operating losses, etc. of the place of business due to India prior to the expiration of the instant lease term (hereinafter “business compensation, etc.”), the agreement was drafted between Defendant C’s husband E and the following contents:

The first agreement is called ‘the first agreement'

(2) F (Lessee A) is entitled to purchase and sell a building on the F-owned land located in Seo-gu, Seo-gu, the object of the agreement, and F (Lessee A) is fully ordered (transfer, director) to the lessor by March 6, 2014, on condition that deposit amount of KRW 23 million is paid to the lessor, KRW 57 million, but the lessee shall be liable for damages each one million per day if he/she becomes aware of by the date of the order. The lease shall be paid in full prior to March 6, 2014; the date following the date of the director’s failure to pay (one million won per day of delay).

A on February 13, 2014

D. After that, Defendant C had Defendant B, who was an son on February 13, 2014, contact the Plaintiff, and the said Defendant B, real estate.

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