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(영문) 서울중앙지방법원 2016.04.08 2015가단5085278

기타(금전)

Text

1. The Defendant shall pay to the Plaintiff KRW 22,848,379 and the interest rate of KRW 19% per annum from June 1, 2010 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff entered into a comprehensive implementation contract on a new commercial building project with an “E reconstruction project cooperative” (hereinafter “E”) which promoted a market reconstruction project in the size of 4,144.3 square meters in the Gu B market and the Seoul Jung-gu, Seoul, the land for the C market, and entered into a comprehensive implementation contract on a new commercial building project with “F commercial building” (hereinafter “the instant commercial building”). Under the said contract, the Plaintiff is a company that engaged in the sale of the right of lease of the instant commercial building that is newly constructed by acquiring the right of lease from the lessees of the Gu B and

B. Around August 7, 2008, the Plaintiff entered into a lease agreement with the Defendant on the five-story unit among the instant commercial buildings, as follows:

(hereinafter “instant sales contract”). Article 1 (Indication of leased Real Estate) (1) The subject real estate is as follows:

The target store: Five stories (standard for exclusive use area of one unit: 3.9 square meters), and the scheduled date for occupancy: December 2009 (it may be changed according to the process, and the period for occupancy). (2) The specific location of a store shall be determined after the payment of the balance, and the price for sale shall be settled according to the area of the store determined by lot.

(3) After drawing a store, a direct lease contract with a lessor is prepared, and such sales contract becomes void after drawing up a new lease contract, and a relationship with a lessor shall be governed by a new lease contract.

Article 2 (Payment of Price) (1) The rent out of the rent out of the following rent shall be as follows, and where there is any increase or decrease in the area after the store lottery, the final settlement shall be made pursuant to Articles 4 and 5 and the surcharge shall be separately imposed:

(2) The sale price of KRW 35,500,000, excluding the rental deposit of KRW 74,000,000, 38,500,000, shall be paid by the 25th day of the designated month in installments as follows, and the value of the sale except for the rental deposit shall be separately imposed:

(Tax Omission) If the buyer of the article 3 (Tax Omission) fails to pay the sale price by the due date, the amount in arrears shall be.