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(영문) 광주고등법원(전주) 2016.10.27 2015나102281

대부계약 해지 무효 확인

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1. The plaintiff's successor's motion shall be dismissed.

2. The plaintiff's appeal is dismissed.

3. The plaintiff and the defendant.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person whose purpose is to carry out the business of a wedding hall business and a business related to a wedding. The Defendant is a juristic person that manages and operates five parcels and buildings on the land (hereinafter “instant real estate”) outside Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City, and five parcels and buildings on the land (hereinafter “instant real estate”) outside Seoul Special Metropolitan City.

B. (1) On May 2004, the Plaintiff participated in the bidding to lease and operate the instant real estate, which is a public property, through a public competitive bidding method, and became a successful bidder, and thereafter the Plaintiff was designated as a successful bidder. After determining annual rent from October 1, 2004 to September 30, 2014, annual rent of KRW 528,713,00 (hereinafter “instant loan agreement”).

(2) The term of a loan shall be from October 1, 2004 to September 30, 2014, and shall be 10 years from the opening date if the opening date under Article 8 is earlier than the opening date. Article 3 (Calculation and Time of Rent) (1) The annual rent shall be 528,713,00 won, and the rent from the second year shall be calculated pursuant to Article 9 of the bidding bond. ② The payment of rent shall be made within 60 days from the beginning date of the fiscal year, and the annual interest of 60% may be paid in installments within 60 days from the first year: Provided, That the first year shall be paid within 60 days after the loan period:

However, Article 89 of the Enforcement Decree of the Local Finance Act.