대부계약해지 무효확인
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 1, 2, 8 through 10, Eul evidence Nos. 4 and 6 (including each number), and the whole purport of the pleadings:
The Plaintiff is a juristic person with the objective of developing and leasing real estate, and operating and managing public bath rooms. The Defendant is a juristic person that manages and operates lots and buildings on the land (12,430 square meters, buildings 2,485.95 square meters, hereinafter “instant real estate”) outside the Seoul-gu Seoul Special Metropolitan City in Jeonju-si as well as lots and buildings on the land (12,430 square meters, buildings 2,485.95 square meters, hereinafter “instant real estate”).
B. (1) On October 5, 2009, the Plaintiff entered into a public property loan agreement with the Defendant, setting the loan period for the instant real estate between October 5, 2009 and October 4, 2014; and the annual loan amount of KRW 17.8 million (hereinafter “instant loan agreement”).
The loan charges in 2011 were paid in four installments upon the Plaintiff’s request. 2) On the other hand, the main contents of the instant loan agreement relating to the instant case are as follows.
Article 3 (Calculation and Time of Payment of Rent) (4) When a person fails to pay a loan by the designated date even after receiving a demand for payment three or more times, the contract shall be deemed to have been waived and the contract shall be terminated, and the contract shall be terminated,
C. The Plaintiff in arrears paid the rent from October 5, 2009 to November 14, 2010, but thereafter, the Plaintiff did not pay the rent (rent, value-added tax, and interest in installments), and the details thereof are as follows.
The amount of the rent during the calculation period from November 15, 201 to December 31, 2010 from November 15, 2010 to December 31, 2010 (Rents and value-added taxes) shall be 26,950,000 (Rents and value-added taxes) in the first quarter of November 15, 2010 on November 15, 2010, January 201, 201; < Amended by Presidential Decree No. 22734, Nov. 31, 2011; Presidential Decree No. 22507, Mar. 31, 2011; Presidential Decree No. 22507, Mar. 31, 2011; Presidential Decree No. 22507, Mar. 31, 2011>
The defendant's termination of the loan agreement is from November 29, 2010.