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1. As to KRW 60,00,000 and KRW 30,000 among them, the Defendant shall pay to the Plaintiff KRW 60,000 from August 29, 2016 to December 2, 2016.
Reasons
1. Basic facts
A. The Plaintiff, from the Korea Land and Housing Corporation, sold 608,590,000 won and sold 285,590,000 won, an apartment complex in the Seocheon-gu, Seocheon-gu, Seocheon-si, the Korea Land and Housing Corporation (hereinafter “instant apartment complex”). In order to pay the sales price, the Plaintiff was loaned 75,00,000 won from the Korea Land and Housing Corporation.
(hereinafter “instant loan”). (b)
D, on August 28, 2016, as a broker E and F, concluded a lease agreement between the Plaintiff and the Plaintiff to lease the instant apartment by setting the lease deposit amount of KRW 300 million and the term of lease from October 26, 2016 to October 25, 2018 (hereinafter “instant lease agreement”).
The main contents of the instant lease agreement are as follows.
Article 1 (Purpose) only for the lease of the apartment of this case, the lessor and the lessee shall pay the lease deposit and the rent by agreement as follows.
30,000,000 won for down payment shall be paid at the time of the contract.
The first intermediate payment of KRW 30,000,000 shall be paid on September 9, 2016.
The second intermediate payment of KRW 15,00,000 shall be paid on September 23, 2016.
Any balance of 22,500,000 won shall be paid on October 26, 2016.
Article 7 (Non-performance of Obligations and Compensation for Damages) Where a lessor or lessee has defaulted on the terms and conditions of this Agreement, the other party may give written peremptory notice to the person who has defaulted and rescind the contract.
In such cases, each party to a contract may claim damages from the other party due to the cancellation of contract, and the contract deposit shall be deemed to be the basis for compensation for damage, unless otherwise agreed
[Matters of Special Agreement]
1. It shall be leased under the present state of facilities;
(Contract under the Status of Parcelling-Out)
2. The lessor shall repay the full amount of loans by the remainder of the loans;
5. The lessor shall cooperate with the lessee in obtaining the loan for the lease on a deposit basis;
C. On August 29, 2016, the Plaintiff: (a) KRW 30,00,000 for down payment on August 29, 2016; (b) KRW 30,000 for intermediate payment on September 1, 2016; and (c) KRW 23, 2016 for the Defendant.