(영문) 서울고등법원 2015.02.05 2014나6864 | 리걸엔진

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(영문) 서울고등법원 2015.02.05 2014나6864

계약금반환 등

Text

1. The part against Defendant B in the judgment of the first instance shall be modified as follows:

Defendant B.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On December 201, 201, around the expiration of the lease term, the Plaintiff, who leased and lived with E an apartment owned in KRW 150 million, agreed to lease KRW 402,00,000,000 for the lease deposit, and paid KRW 2,00,000,000 as the provisional contract deposit.

B. The Plaintiff intended to obtain a loan of KRW 300 million out of KRW 570,000,000 from a bank, but not thereafter, agreed to extend the payment date of KRW 300,000,000 with Defendant B and the lease deposit and to pay the monthly rent equivalent to the interest.

C. On December 7, 2011, the Plaintiff’s husband G representing the Plaintiff: (a) the husband of the Defendant D, the broker broker for the Defendant C, and the Defendant B, the broker for the Defendant B, concluded a lease contract amounting to KRW 570 million (payment at the time of a contract), intermediate payment of KRW 143 million (payment on December 30, 201), KRW 70 million (payment on February 15, 201), and the remainder of KRW 30 million (payment on June 15, 2012) with the husband of the Defendant B, the broker for the Defendant C, and the Defendant B, the broker for the Defendant B, to December 29, 201, and paid KRW 50,000,000 (payment on June 30, 201) as the lease contract and the lease contract under the following special agreement (hereinafter “H”).

o Article 6 (Lessee) Before the lessee pays the intermediate payment to the lessor, the lessor shall compensate for the amount of the down payment, and the lessee may waive the down payment and rescind this contract.

In this case, the down payment shall be regarded as penalty.

o If a contract under Article 8 is not complied with, the other party may notify in writing the person who has defaulted and rescind the contract.

The parties to a contract may claim damages from the other party due to the cancellation of contract.

Unless otherwise agreed, the down payment shall be regarded as penalty.

[Matters under special agreement] - Lease at present facilities

- A lessor.

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