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(영문) 서울중앙지방법원 2016.04.06 2015가단5150233

기타(금전)

Text

1. The Defendant’s KRW 92,268,250 as well as the Plaintiff’s KRW 19% per annum from May 1, 2010 to April 17, 2015.

Reasons

1. Basic facts (i) The Plaintiff entered into an overall implementation contract with the “E Reconstruction Project Association” (hereinafter “EAF”) which promoted a market reconstruction project in the area of 4,144.3 square meters in Dongdaemun-gu Seoul Special Metropolitan City, which is the land for the DongdaemunB market and the C market, and the “F commercial building” (hereinafter “instant commercial building”). According to the said contract, the Plaintiff is a company that has sold the instant commercial building leased by acquiring the right of lease from the lessees of the Dongdaemun-gu B and the C market, who are members of the Plaintiff and newly constructed by taking over the right of lease.

B. On February 15, 2008, the Plaintiff entered into a lease contract with the Defendant on the following terms (hereinafter “each contract of this case”) with regard to the total three units, including the 7th floor unit on the ground, the 1st floor unit on November 17, 2009, the 3rd floor unit on the ground, and the 3rd floor unit on the ground, on January 12, 2009.

Article 1 (Indication of Rental Real Estate) (1) Real estate subject to lease shall be as follows:

The target store: A unit of one story on the 3rd floor (3.9 square meters for exclusive use by the unit of the Gu: 3.9 square meters) and the target type of business: A male uniform [3.9 square meters for the 7th floor (the exclusive use by the unit of the Gu: 3.9 square meters on the 7th floor) and the target type of business]: The scheduled date of occupancy: December 2009 (it may be changed according to the process, and the period of occupancy by the unit of the store shall be later notified).

(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:

The sale price per unit of the old unit of KRW 98,00,000 in total shall be the above KRW 38,500,000 and the above KRW 59,50.