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(영문) 수원지방법원 2015.06.23 2013가합26855

부당이득금

Text

1. As to KRW 57,916,522 among the Plaintiff-Counterclaim Plaintiff and KRW 11,488,317 among the Plaintiff-Counterclaim Plaintiff, the Plaintiff-Counterclaim Defendant (Counterclaim Plaintiff) was on November 27, 2013.

Reasons

1. Facts of recognition;

A. The Defendant is a company that newly built and owned the instant building at the 220-ground Mexol Building (hereinafter “instant building”). The Plaintiff leased from the Defendant a ice listed in the separate sheet (1,387.66m2, hereinafter “instant ice listing”) located on AB underground 1 and 2 floors among the instant buildings by setting the lease deposit deposit amount of KRW 50,000,000 (no monthly rent) and the lease term of KRW 2 years.

Article 2 ( brands, uses, types of business, and Handling Items) (1) A (referring to the defendant; hereinafter the same shall apply) shall not engage in any conduct which would impair the credibility and dignity of stores, or which would impair the brand, use, type of business, and items to be handled by B (referring to the plaintiff; hereinafter the same shall apply) of a leased object, differently from those referred to in paragraph 1 (referring to shots, sports facilities, education management, services, ice listing business).

Article 10 (1) (hereinafter referred to as "monthly management expenses, etc.") (1) Management expenses shall be governed by the management rules prescribed in Article 37, and the matters to be modified shall be notified to B in an appropriate manner.

(2) The management expenses to be borne by Eul shall be calculated including the exclusive section inside the leased object and the section for common use jointly used with other lessees, and the calculation of such amount shall be governed by the management rules.

In such cases, value-added tax shall be separately paid.

Article 12 (Late Fees) If a security deposit, monthly rent, monthly management fee, facility user fee, etc. as referred to in Articles 8 through 11 has not been paid by the due date set by A, a late payment shall be made by adding a late payment charge of 18% per annum to the supply price from the due date for payment.

Article 13 (Order of Payment of Expenses) (1) The appropriation of the expenses to be paid by Eul to Gap shall be in the order of monthly rent, monthly management expenses, facility user fees, and late payment charges, and in the case of settlement following termination of a contract, the late payment charges, facility user fees, monthly management expenses, and monthly rent.