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(영문) 의정부지방법원 2017.03.10 2016가단127190

부당이득금 반환

Text

1. The Defendant’s KRW 35,760,00 and the Plaintiff’s annual rate of KRW 5% from February 2, 2016 to September 29, 2016.

Reasons

1. Basic facts

A. On December 16, 2011, the Plaintiff leased from the Defendant the land indicated in Paragraph (1) of the Attached List, the building indicated in Paragraph (2) of the Attached List, and the hazardous substances facilities, etc. indicated in Paragraph (3) of the Attached List (hereinafter “Lease object”).

(hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.

Article 2(1)(Period of Lease Contract) A lessee shall be paid at least 4.5 million won (excluding value-added tax) and 5.5 million won (excluding value-added tax) from the commencement date of the business of Article 3(1) (Rent) for five years from the commencement date of the business of the lessee until the completion date of the contract, and shall be paid at least by the end of each month.

Where one of the parties to Article 3(2)(Rental Deposit) 100 million won falls under any of the following subparagraphs, the other party may terminate this contract through a peremptory period of 15 days, and the breaching party shall not claim damages arising from the termination of the contract:

1) If one of the parties is terminated under Article 9 due to the breach of this contract after the remainder payment of the deposit for lease under Article 10 (Penalty and Compensation for Damages) (2) where the contractual terms have not been fulfilled, the breaching party shall compensate for the penalty for the amount equivalent to 50% of the amount guaranteed (the amount of Geumcheon million).

Article 11 (Duty to Return Object) A lessee shall, upon expiration or termination of this contract, restore the object to its original condition as at the time it was initially acquired, and return or order it to its original original condition. 2) Where the lessee delays the return of the object despite the termination of the contract or the expiration of the contract period due to a cause attributable to the lessee, the lessee shall pay 20 million won per month of the delay in return to the lessor as a penalty for delay.

Article 17 (Preparation of Protocols Prior to Lawsuits)

1. The lessee shall pay the remainder of the protocol of settlement prior to the filing of the lawsuit and simultaneously with the lessor.