사용료
1. All appeals filed by the plaintiff and the defendant (appointed parties) are dismissed.
2. The costs of appeal shall be borne by each party.
purport.
1. The reasoning of the court of first instance’s explanation concerning this case is as follows: The plaintiff and defendant’s assertion are supplemented and judged as to this case’s assertion, and the court of first instance excludes each description of evidence Nos. 3 through 6 (including serial number), which is insufficient to recognize the defendant’s assertion as the defendant (appointed party) as the evidence additionally submitted in the trial, and thus, it is identical to the part of the judgment of the court of first instance. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Supplementary judgment
A. (1) The Plaintiff’s argument regarding the Plaintiff’s assertion (1) agreed with the Defendant (Appointed Party) and the Appointed C (hereinafter “Defendants”) that “in the event that the Defendants are unable to take over the instant car page at the time of entering into the said facility use contract, the Plaintiff shall calculate monthly user fee of KRW 2 million and settle the monthly user fee together with the termination of the contract” (hereinafter “instant provision”). This constitutes an agreement under which monthly user fee is to be paid, not a penalty agreement, and thus, the amount as prescribed in the instant provision cannot be reduced.
(2) The Defendants’ obligation to accept the instant car page upon the expiration of the contract was stipulated as the Defendants’ obligation at the time of the expiration of the contract. Although the instant provision is a monthly fee, it is determined that additional money is paid to the Plaintiff in the event that the Defendants failed to perform the said obligation. Therefore, it is reasonable to deem that this provision is a provision stipulating penalty in the event of nonperformance by the Defendants. Therefore, the Plaintiff’s above assertion is
B. (1) At the time of concluding a sublease contract between the Plaintiff and the Defendants, the Plaintiff’s assertion of the Defendant (Appointed Party) and the Defendants, “if the lease contract expires, the lessee is liable for the intention of the former lessee.”