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(영문) 대구지방법원 2018.09.06 2017가합206711
보증금반환
Text

1. The Defendant’s KRW 896,670,808 for the Plaintiff and 6% per annum from October 21, 2017 to September 6, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a stock company with the purpose of real estate development and consulting business, and the Defendant is a corporate business cooperative established pursuant to the Small and Medium Enterprise Cooperatives Act for the purpose of sound development of C business and promotion of mutual welfare among its members.

B. The Defendant, on October 24, 2016, posted a public announcement of tender on the E Press to lease the fourth and fifth floor conference hall (hereinafter “instant building”) among the Daegu Northern-gu D, Daegu-gu, which he/she owned, on October 24, 2016, followed the bidding procedures by posting the public announcement of tender in E media. On November 17, 2016, the Defendant held a temporary directors meeting and selected the Plaintiff as the lessee.

On the same day, the above provisional directors F, the representative of the Plaintiff, attended the above provisional directors council, and the Defendant concluded a lease agreement that leases the instant building to the Plaintiff (hereinafter “instant lease agreement”). On the same day, the Plaintiff paid KRW 100 million out of the lease deposit under the instant lease agreement to the Defendant.

The main contents of the instant lease agreement are as follows.

5. Lease deposit: One billion won.

6. Monthly rent: 1700,000 won per month (including value-added tax);

7. Monthly rent payment date: The first day of each month;

8. Contract term: 10 years from January 1, 2017 to December 31, 2026;

9. Donations: KRW 100 million (in any case, no return shall be made); 10. Major contract terms (1) The plaintiff shall pay the deposit and the donation to the defendant on the contract date in full.

(2) The monthly rent shall be paid from June 1, 2017, and it shall be unconditional even if the remodeling is not completed.

However, the defendant and the plaintiff decide to adjust the timing of payment through mutual consultation.

In the event of arrears in the rent, 2% of the delay damages for the number of days in arrears shall be additionally paid.

11. The Plaintiff is obligated to pay public charges in entirety, regardless of whether it is a business, during the contract period. A) The Plaintiff bears the management expenses related to the use of a building. The date of a contract with the Defendant.

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