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(영문) 대구지방법원포항지원 2016.07.19 2016가단100056

기타(금전)

Text

1. The Defendant shall pay to the Plaintiff KRW 51,765,400 and interest rate of KRW 15% per annum from March 9, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On July 10, 2015, the Plaintiff entered into a lease agreement with the Defendant for the lease deposit of KRW 100,000,000, and rent of KRW 9,000,000 for the lease deposit of KRW 100,00,00 for the lease deposit of KRW 33-3, and 1,33, and 4 for the period from July 10, 2015 to July 9, 2020 (hereinafter “instant lease agreement”), and the main contents are as follows.

Article 1 (Rental Deposit) (1) The defendant shall pay the rental deposit to the plaintiff at the due date as follows:

Down payment: The remainder of KRW 10,000 on July 10, 2015: Open Date, KRW 90,000,000 (Rent) ① The Defendant shall pay the monthly rent to the Plaintiff by the 15th day of each month.

(6) Where the Defendant has delayed the payment of rent for at least three months despite the payment of rent under paragraph (1), the Plaintiff may take measures, such as termination of the contract, cancellation and suspension of the contract, suspension of the fraction, suspension of heating hole supply, etc. without the prior peremptory notice, etc., and the Defendant shall not raise any objection thereto.

Article 6 (Cancellation of Contract and Penalty) (1) If a defendant falls under any of the following subparagraphs, the defendant shall lose the benefit of time, and if the plaintiff has given a peremptory notice to the defendant for a grace period of not less than seven days, the contract may be terminated or discharged if it is not performed after giving the peremptory notice

7. Where the payment of rent is overdue for not less than three months; 10. 10. (2) In cases where this contract is terminated or cancelled under the provisions of subparagraphs 1 through 7 and 9 through 12 of paragraph (1), the plaintiff shall refund to the defendant the amount obtained by deducting the tax and public charges, such as management expenses, rent, etc., from the rental deposit already received.

Article 8 (Management Expenses, Taxes and Taxes, etc.) (1) The defendant shall bear the management expenses (direct expenses, common expenses, indirect expenses, etc.) separately from the monthly rent.

(2) The defendant shall bear the expenses referred to in paragraphs (1) through (5), even where he/she fails to use leased objects during the lease period.