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(영문) 수원지방법원 2016.06.28 2015가단40568

가설재임대료

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. On January 29, 2009, the Plaintiff and the Defendant entered into a contract with the Defendant for the lease of materials with the following content in relation to the new construction of the Dongdaemun-gu Seoul Dongdaemun-gu Dud Complex (hereinafter “instant apartment”)

(hereinafter “instant lease agreement”).

3. Contract deliberation and amount: approximately KRW 1,000, KRW 75,000 on underground and commercial buildings, and the base of KRW 90,000 on apartment part 1,200 on separate settlement, and value-added tax separately.

4. Lease period: From January 29, 2009 to January 28, 2010, a claim shall be made for every month rent of 5% to 10% of the total amount of the materials thereafter.

5. Terms and conditions for payment: The instant apartment complex is composed of the parking lot and mechanical room from the 3rd underground to the 1st underground floor, and from the 4th underground to the 13th underground floor. (C) The Defendant suspended construction of the instant apartment from the 3rd underground to the 5th underground floor from the 1st underground among the 2009 apartment complex, and then constructed a framed with the 6th underground floor from the 20th underground floor to the 5th underground floor, and then entered into a lease contract separately with the Plaintiff on April 20, 2009, with the 20th underground floor from the 20th underground floor to the 20th underground floor, with the 4th underground floor from the 20th underground floor to the 5th underground floor, and the 204th underground floor from the 205th underground floor to the 205th 4th underground floor from the 205th underground floor to the 205th underground floor, respectively.

[Ground of recognition] In light of the above facts without dispute, Gap evidence Nos. 1-3, Gap evidence No. 9, Gap evidence No. 11, Eul evidence No. 3, the purport of the whole pleadings, and the purport of the whole pleadings, the above facts of recognition are as follows: 107,75,00 won (C Rent No. 14.