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(영문) 수원지방법원 2014.08.26 2013가단100442

사용료

Text

1. The Defendant: KRW 41,43,32 to the Plaintiff and KRW 5% per annum from November 28, 2013 to July 22, 2014.

Reasons

1. The following facts concerning a claim for user fees may be acknowledged either by the defendant or by combining the purpose of the whole pleadings in Gap 1-5-7.

The Plaintiff is operating a parking lot (hereinafter referred to as the “instant parking lot”) in the area of 1003 square meters in Young-gu, Suwon-si, Suwon-si.

In the vicinity, there is a F Hospital established around January 2001 by 7 medical colleges of E such as the plaintiff D and the defendant.

Around November 2001, three owners of the instant parking lot, including Defendant, D, G, etc. (hereinafter “instant parking lot owners”), purchased equally. The purpose was to use the instant parking lot for the purpose of the parking lot for visitors within the F Hospital.

On January 10, 2002, the instant parking lot owner leased the instant parking lot site to the Plaintiff as of January 17, 2004, with the deposit deposit of KRW 50 million, monthly rent of KRW 3.6 million, and the period of January 17, 2004. On January 18, 2002, the Plaintiff established a parking facility and entered into a lease agreement with the Plaintiff to allow its visitors to use the instant parking lot free of charge (general parking fee, but the collection of parking fee) from seven operators of the F Hospital (hereinafter “F Hospital”) by installing the parking facility and receiving five million won per month from the F Hospital operator of the F Hospital on January 18, 2002.

(hereinafter “instant lease agreement”). Since January 18, 2004, the monthly rent received from F Hospital was increased by 10 million won (value-added tax) and the term of the contract was changed by January 17, 2009.

On the other hand, as of March 18, 2004, rent for the instant parking lot owners was increased by 4 million won per month.

The F Hospital was operated jointly by the Defendant and H as a part of its partners exceeded their shares, and the instant lease agreement was renewed and maintained after the expiration of the contract term.

The sum from June 2012 to December 10, 2012 was 41,433,332 won when the F Hospital was in arrears, starting from June 2012, and ceased to use the instant parking lot.

Therefore, it is special.