손해배상(기)
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a corporation with the purpose of real estate sales business and sales agency business, and the Defendant is a corporation with the objective of managing and operating an airport and developing surrounding areas necessary therefor.
B. On May 30, 2002, the Defendant issued a public announcement of tender for the purpose of concluding a lease contract (hereinafter “instant public announcement of tender”) with respect to the total of 10,482 square meters of one story, 10,092 square meters of two stories, 3,522 square meters of three stories, 28,096 square meters of three stories, and 8,750 square meters of a letter-based parking lot of the office (hereinafter “instant commercial facilities”) in order to select an operator of commercial facilities in Switzerland located within the 2nd office of the International Airport for the Kimpo Airport (hereinafter “instant public announcement of tender”).
C. On July 18, 2002, the Plaintiff was selected as a successful bidder of the instant commercial facility in the said bidding. On January 6, 2003, the Plaintiff entered into a lease agreement with the Defendant regarding the instant commercial facility (hereinafter “instant lease agreement”).
Article 4 (Period of Lease for the Subject-Matter) The term of lease for the subject-matter shall be from January 6, 2003 to January 5, 2015.
Article 5 (Rent) (1) Rent (hereinafter referred to as "rent of this case") shall be paid in advance on a yearly basis, and after determining the rent of the first year (excluding value-added tax), an annual increase by 5% shall be imposed on the rent of the immediately preceding year as follows:
The first year rent = 4,637,692,750 won / 365 days 】 the number of days of use (end of the year in which the contract commences) 】 the second year rent 】 105% x 105% x the second year rent x the second year rent x 105% : Article 13 (Installation and Change of Facilities) applied the same method as above : ① In case where the plaintiff needs to install facilities for the convenience of business operation, the approval shall be obtained according to the procedure set by the defendant, and the expenses shall be borne by the plaintiff.
In such cases, the defendant shall install facilities on the condition that the facilities requiring removal and reinstatement be provided with security equivalent to the relevant expenses.