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1. The Defendant’s KRW 24,00,000 as well as 5% per annum from August 21, 2015 to June 28, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On August 12, 2015, C and the Defendant, the Plaintiff’s agent, concluded a lease agreement with the lessee, the Defendant, the lessor, and the Yeonsu-gu Incheon Metropolitan City D apartment 3 Dong 2102 (hereinafter “instant apartment”), the lease deposit amount of KRW 160 million, the lease deposit period from October 10, 2015 to October 9, 2017, the down payment amount of KRW 16,00,000, the remainder amount of KRW 144,000,000, the payment date of the down payment, and the remainder payment date of the lease payment as of October 10, 2015 (hereinafter “instant lease agreement”). In the instant lease agreement, the details relating to the compensation for damages are as follows:
Article 6 (Cancellation of Contract) If a lessee does not pay an intermediate payment to a lessor (if there is no intermediate payment, a lessor shall repay a double the down payment, and the lessee may waive the down payment and rescind this contract.
Article 7 (Non-performance of Obligations and Compensation for Damages) If a lessor or lessee has defaulted with the terms and conditions of this Agreement, the other party may make a written peremptory notice to the person who has defaulted and rescind the contract.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.
B. On August 12, 2015, the date of the contract, the Plaintiff paid the Defendant the down payment of KRW 16 million under the instant lease agreement.
C. On August 12, 2015, C, an agent of the Plaintiff, took a dispute with the Defendant while making a telephone call, and the Defendant said that “the instant lease agreement is reversed” among the said currency Dos several times.
On August 17, 2015, the Plaintiff sent to the Plaintiff a document stating that “the Defendant shall pay to the Plaintiff the sum of KRW 16,000,000 for down payment and KRW 32,000,000 for damages by August 19, 2015.” The Defendant sent the said mail to the Plaintiff by content-certified mail, and the Defendant is on August 17, 2015.