logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.12.08 2016가합633
임대차보증금등 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 206,00,000 and the interest rate of KRW 15% per annum from March 31, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. (1) On December 29, 2015, the Plaintiff entered into a lease agreement with the Defendant on the lease deposit amount of KRW 300 million with the Dobong-gu Seoul Metropolitan Government C apartment 5 Dong 601 (hereinafter “instant apartment”). However, on the date of the contract, the intermediate payment of KRW 3 billion is KRW 200 million on the date of the contract, the intermediate payment of KRW 200 million on January 25, 2016, and the remainder of KRW 97 million on February 15, 2016 (hereinafter “instant lease agreement”).

(2) If the Plaintiff and the Defendant fail to implement the instant lease agreement, they may notify the other party in writing and cancel the contract. They may claim damages from the other party due to the termination of the contract against the other party, and they agreed to base the down payment on the basis of compensation for damages, unless otherwise agreed.

(Article 7). B. of the instant lease agreement

(1) Under the instant lease agreement, the Plaintiff paid KRW 3 million to the Defendant as the down payment on the day of the contract, and paid KRW 23 billion in total as the intermediate payment on January 25, 2016.

(2) On February 15, 2016, the remainder payment date under the instant lease agreement, the Plaintiff visited the E Licensed Real Estate Agent Office located in Dobong-gu Seoul, Seoul, where the instant lease agreement was mediated, and the Plaintiff notified the Defendant of the receipt thereof, but the Defendant rejected it.

C. On March 9, 2016, the Plaintiff sent to the Defendant a document certifying the termination of the instant lease agreement on the grounds of the Defendant’s delay in receiving any balance, and the said content-certified mail was served to the Defendant around that time.

[Ground of recognition] The items of evidence Nos. 1 through 8 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the instant lease agreement was lawfully rescinded on the grounds of the Defendant’s delay in receiving the remainder.

Therefore, unless there are special circumstances.

arrow