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(영문) 대전지방법원 2017.02.09 2016가단8043
계약금반환
Text

1. Defendant C shall pay to the Plaintiff KRW 10,00,000 and the interest rate of KRW 15% per annum from May 4, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant C entered into a lease agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the fourth and fifth floors (hereinafter “instant building”) among the Seo-gu Seoul Special Metropolitan City D and E-ground buildings owned by the Defendant Company, with the term of lease from September 1, 2008 to August 31, 2013, and thereafter, Defendant C operated the said building as a construction hole. The said term of lease was extended from September 1, 2013 to January 31, 2017.

B. On November 25, 2015, the Plaintiff entered into a business takeover agreement between Defendant C with respect to the instant building, the right amount of which is KRW 150 million, with respect to which the said Defendant had been operating as a futures market (hereinafter “instant acquisition agreement”). The key contents are as follows.

(A) Under the contract, the transferor shall pay to the transferor the sum of the rights of the given real estate as follows: (a) the transferor shall pay to the transferor the sum of the rights of the given real estate in KRW 150,000,000 (including the facility costs).

10,000,000 won for down payment shall be paid at the time of contract and shall be paid on December 31, 2015 in the balance of 140,000,000 won (C).

Article 2 The transferor shall remove all the matters impeding the exercise of the right of lease and shall transfer all the facilities including all the facilities so that the transferee can conduct the business immediately at the time of the receipt of the balance.

C. On December 23, 2015, the Plaintiff entered into a lease agreement with Defendant Company for the lease deposit of KRW 1.2 billion, monthly rent of KRW 31 billion, and the term of lease from February 20, 2016 to February 19, 2019 (hereinafter “instant lease agreement”) with regard to the instant building, and agreed to pay KRW 120 million out of the said lease deposit in installments as KRW 20 million and KRW 100 million on January 20, 2016, and to pay the remainder of KRW 1.2 billion on February 20, 2016.

On December 30, 2015, the Plaintiff and the Defendant Company added the following special terms to the said contract:

2. The lessor shall have regard to the transfer or takeover of the right of lease;

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