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(영문) 서울중앙지방법원 2017.05.12 2016가합525027

기타(금전)

Text

1. The plaintiff (Counterclaim defendant) shall deliver and deliver each real estate listed in the list (attached Form 1) from the defendant (Counterclaim plaintiff).

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. On April 21, 2004, the Plaintiff entered into a lease agreement with the Defendant on the instant building, which is owned by the Plaintiff (hereinafter “instant lease agreement”) as follows:

(hereinafter referred to as “A” refers to the Defendant; hereinafter “B” refers to the Plaintiff and “B”). 【Lease Agreement” / [The term of the lease contract] Article 2 (1) refers to the period from the commencement date of the business of “B” to the expiration date of ten years.

(3) Where either “A” or “B” wishes to extend or terminate the contract term upon the expiration of the contract, it shall be notified in writing to the other party three months prior to the expiration of the contract term, and the “A” and “B” shall be treated through mutual consultation, and where the contract term is extended by mutual agreement, the contract term shall be extended once every five years.

Article 3 (Deposit and Rent) (1) Deposit for lease lease shall be KRW 4 billion, and “B” shall be paid to “A” as follows:

The payment amount and the payment date of the down payment (20%) KRW 80,000,000 and the intermediate payment (60%) 2,40,000,000 won on the date of offering security (60%) prescribed in Article 4(1) and the balance of installments (20%) KRW 80,000,000,000,000 won (20%) start business, and 4,000,000,000,000 won on the date of completing

(b) The deposit for lease on a deposit basis shall be free of interest during the term of the contract, and at the time of termination and termination of the term of the contract, “B” shall order “B” to “B” the object of the lease and at the same time, “B” shall return the deposit in cash to “B”, and “B” shall cancel the right to collateral security and right to lease on a deposit basis,

(2) The monthly rent shall be KRW 3.3 million (excluding surtax), and the details and methods of payment shall be as follows:

(c) “B” is 12% per annum if the monthly rent is overdue;