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(영문) 부산지방법원 2018.05.09 2017가합46758
손해배상(기)
Text

1. From April 3, 2018 to May 9, 2018, the Plaintiff (Counterclaim Defendant) paid KRW 37,925,644 to the Defendant (Counterclaim Plaintiff) and its amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. On September 8, 2011, the Plaintiff leased, among the six floors of the building “D” on the ground (hereinafter “instant building”) in Busan-gu Busan-gu, the lease deposit of approximately 135 million won, monthly rent of KRW 1.35 million (excluding value-added tax; hereinafter the same shall apply), monthly management fee of KRW 1.5 million, monthly rental fee of KRW 1.5 million, and the lease term of KRW 1.5 million from September 1, 201 to August 31, 2012; the Plaintiff entered into a contract with the Defendant for the lease of approximately 165.29 square meters, KRW 65 million, monthly rent of KRW 65 million, and KRW 65,500,000, KRW 65,000, KRW 1300,000, KRW 751, May 1, 201, and received the lease term of the instant store from each of the Defendant’s stores.

The details of rents, management expenses, etc. under the above contract shall be as follows:

Article 4 (Rents)

2. The monthly rent shall be paid in cash to the account designated by the lessor on the last day of each month, and if the last day is a legal holiday, it shall be paid by the day before the legal holiday

Article 5 (Management Expenses)

1. A lessee shall pay the 1,500,000 won per month management expenses to the account of a lessor or the account designated by a lessor, with all expenses incurred in the management and maintenance of a building, by the 11th day of each month, and the 11th day shall be the payment by the 11th day following a holiday;

3. The lessee shall bear all the expenses of the facilities required by the lessee, electricity charges, fees, taxes and public charges, etc. in addition to the management expenses;

5. If it is deemed necessary to adjust management expenses, the lessor and the lessee may do so under mutual agreement.

Article 6 (Interest in Arrears)

1. Where the lessee delays the performance of monthly rent, management expenses, taxes and gold expenses under the provisions of Article 7 (1), and other monetary obligations, the lessee shall calculate the date of delay to the actual payment date.

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