(영문) 서울서부지방법원 2018.05.31 2017가단25270

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(영문) 서울서부지방법원 2018.05.31 2017가단25270

약정금

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1. The defendant shall pay to the plaintiff (appointed party) KRW 25,00,000, and KRW 25,000,000 and each of the above amounts.

Reasons

1. Basic facts

A. On January 19, 2015, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) entered into a contract with the Defendant for the acquisition of a lease agreement on D real estate from Yeongdeungpo-gu Seoul Metropolitan Government. The content of the contract is “100,000,000 won for lease deposit (E and F) to be refunded from the lessor (E and F). The transferor shall receive 190,000,000 won for facilities for lease, facilities, fixtures, fixtures, etc. from the transferee (Plaintiff) and transfer the name of the assignee under a special agreement. The amount of dividends on investment (100,000,000,000 won for the remainder of the contract deposit, KRW 170,000 for the remainder of the contract deposit, KRW 170,000 for the remainder of the contract deposit, KRW 0,000,000 for the period from February 1, 2015 to KRW 20,000 for the lessor and KRW 30,0000.

(hereinafter referred to as “instant lease agreement”). B.

After December 27, 2015, the Plaintiff and the designated person (hereinafter referred to as the “Plaintiffs”) decided to terminate the instant lease acquisition agreement with the Defendant as of January 31, 2016, and agreed to the effect that “The transferor shall pay to the assignee KRW 100,000,000 with the agreed money, and the rent from December 20, 2015 to January 31, 2016 shall not be paid by the assignee. As of the end of the contract, the assignee shall restore the object of the lease to the original state at the time of the contract, and the assignee shall be responsible for all public charges, etc. other than the amount to be borne by the lessor. The assignee’s house, fixtures, etc. shall be transferred to the last day of the contract.”

(hereinafter referred to as “instant agreement”). C.

On March 14, 2016, the Defendant paid KRW 50 million to the Plaintiffs.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination:

A. According to the above facts, at the time of the agreement of this case, the defendant agreed to pay KRW 100,000,000 to the plaintiffs, whichever is more than 50,000 among them.

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