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(영문) 인천지방법원 2020.12.11 2019가합66056

임대료청구의 소

Text

The defendant shall set forth the attached Table 2 to the designated parties in the list of the plaintiffs (appointed parties) and the attached Form 1.

Reasons

1. Basic facts

A. 1) The Plaintiff and the designated parties (hereinafter “Plaintiff, etc.”) enter into the instant lease operation contract

(2) The hotel of the Nam-gu Incheon Metropolitan City (hereinafter referred to as the “instant hotel”).

[Attachment 2] Table 2, part of which is “A guest room number” column, each guest room (hereinafter “each guest room of this case”).

The sectional owners purchased from Eul Co., Ltd., and the defendant is the company with the purpose of hotel operation and management business. Gap - the lessor (Plaintiff, etc.) - the lessor (Defendant) - Article 3 (Payment of Rental Operating Profits and Rental Operating Fees) ① The term "B" shall deposit operating earnings in the following manner in operating the hotel. The date of commencement of separate lease operation or December 31, 2015 from the date of commencement of separate lease operation to December 31, 2016 to December 31, 2019, 7% per annum (amount of actual payment: value-added tax calculated by multiplying the net income before deducting the corporate tax of the hotel rental operator of the previous year in the previous year by the shares of "A"

1. The ratio of shares of “A” in net income before deducting corporate tax from the previous hotel operator in the previous year shall be calculated in monthly installments, but the accounting corporation designated by “B” shall settle accounts at the time of completion of the accounting audit;

Provided, That until December 31, 2015, it shall be calculated by the amount divided each month by determining the rate of return of 7% (excluding value-added tax) per annum on the basis of the actual payment (excluding value-added tax) out of the initial sales amount.

2. If the operating profit to be paid each year in 2016-2019 referred to above falls short of the amount calculated by multiplying the actual amount of payment by the interest rate of time deposits (the interest rate of one-year term deposits among the weighted average interest rates of banks with 1-year maturity among the average interest rates of bank with financial rights announced by the E Federation), the actual amount of payment shall be calculated by multiplying the

At this time, the interest rate shall be the average of the relevant year in which operating profits accrue.

3. During the lease and operation period, “B” shall notify “A” of the amount of proceeds paid.