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(영문) 인천지방법원 2015.05.15 2014가합55334

손해배상(기)

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 69,269,300 to the Defendant (Counterclaim Plaintiff) and its related amount from January 1, 2014 to May 15, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the owner of K101 and J111 (hereinafter referred to as “C”) among the Seo-gu Incheon Special Metropolitan City’s ground C (hereinafter referred to as “C”), the complex for the sale and purchase of used cars. The Defendant leased K101 and J11, respectively, from the Plaintiff, and completed the registration of business and the registration of automobile management business (type of small automobile maintenance business: small automobile maintenance business) on July 7, 201, with the trade name “D”, and the Plaintiff operated the automobile maintenance business in K101 and J111.

B. On October 4, 2010, before completion of C, the Plaintiff and the Defendant entered into a lease agreement with K101 on October 4, 2010 (hereinafter “instant lease agreement”), and set up a lease agreement with a public space for the rental period as follows:

Article 2(1) The term of the lease contract shall be 30 months from the “date of designation for occupancy”. (2) The term of the lease contract shall be fixed as follows after the notification of the date of designation for occupancy. - The term of the lease contract shall be 3) the Defendant shall move in on the date of designation for occupancy that the Plaintiff notifies separately from the date of designation for occupancy: (a) the date of designation for occupancy: the period of May 201; and (b) the rent and management fee shall be determined and notified 15 days before the date of designation for occupancy; (d) the date of designation for occupancy notified by the Plaintiff to the Defendant.

Article 3 Deposit shall be KRW 100 million, and the defendant shall pay to the plaintiff after entering into a contract.

Article 4 The Defendant shall pay the rent to the Plaintiff each month in the following manner: (a) If the vehicle (except in the case of a re-inspection) which has completed the performance inspection on the leased object as of the last day of the month from the first day of the beginning of the term of the lease contract under Article 2 of this Agreement does not exceed 2,500, the Defendant shall settle the gold 3,000 won (Won 3,000, value added tax separately) per month and make monthly payments to the Plaintiff (the term of the lease contract).