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(영문) 서울중앙지방법원 2014.10.14 2014가합525207

부당이득금

Text

1. Defendant B’s KRW 100,000,000 per annum for the Plaintiff and 5% per annum from January 15, 2014 to April 28, 2014.

Reasons

1. Basic facts

A. On January 2013, Defendant B entered into a contract to transfer rights and a lease agreement. Defendant B’s building indicated in the separate sheet from D (hereinafter “instant building”).

E Public Notice Board consisting of 33 rooms in the fourth and fifth floors (hereinafter referred to as “instant Public Notice Board”).

(2) On December 11, 2013, the Plaintiff entered into a contract with Defendant B to pay KRW 100 million premium (hereinafter “instant contract for the transfer of rights”) upon taking over all the rights and facilities of the instant public notice board from Defendant B to operate the public notice board. The Plaintiff paid KRW 100 million to Defendant B from the date of the said contract to January 15, 2014.

3) On January 15, 2014, the Plaintiff: (a) from Defendant C, the owner of the instant building, the fourth floor of which is KRW 164.84 square meters; (b) KRW 50 million; and (c) KRW 153.36 square meters of the instant building; and (d) the lease period from January 16, 2014 to January 15, 2016 (hereinafter “instant lease agreement”).

The instant lease agreement includes the following: 4.5 million won shall be paid on the last day of each month on the basis of the subsequent payment. If a lessee fails to pay a rent more than twice consecutively, or violates Article 3, the lessor may immediately terminate the said agreement. Article 8 (In the event of a default and a lessor or lessee’s failure to perform any of the terms of this agreement, the other party may be notified in writing to the person who has failed to perform the obligations and the lessor or lessee’s failure to perform any of the terms of this agreement.

In addition, the contracting party may claim damages from the other party due to the cancellation of the contract.

Matters of special agreement

1. Management expenses shall be KRW 400,000 and value-added tax separate; 2. Where the lessee does not divulge the rent to the outside, the lessor shall not impose value-added tax;

4. Environmental contributions, traffic congestion charges, etc. are separately set forth in the instant lease agreement.