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Reasons
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(영문) 서울중앙지방법원 2014.07.23 2014가단5004012
청구이의
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1. The Defendant’s judgment against the Plaintiff is rendered in Seoul Central District Court Decision 2012Da304867 Decided November 19, 2013.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into and terminated a lease agreement between the Plaintiff and Choday Co., Ltd. (1) the Plaintiff was composed of three artificial structures in the Han River Plueland in Seocho-gu Seoul, Seocho-gu, 650, Seocho-gu, Seoul (3 artificial structures and media Agallons, etc.).

A company established to create and operate each “fluorianland 1, 2, and 3, and media Arabic gallon.” 2) The Plaintiff entered into a lease agreement with the Co., Ltd. Co., Ltd. (hereinafter “non-party company”) on September 17, 2010 with respect to deposit money of KRW 6.4 billion, the lease period of KRW 15 billion, monthly rent of KRW 7.2 million from the date of commencement of the business (hereinafter “the first contract”), and the lease agreement of KRW 20 million with respect to the lease money of KRW 3.4 billion with respect to the lease money of KRW 6.4 billion, KRW 364 billion from September 17, 2010 (the sum of KRW 64.4.4 billion), KRW 36.4 billion from the date of commencement of the business (hereinafter “the first contract”), KRW 6.3 billion from the date of commencement of the lease agreement of KRW 200,000,000 from December 30, 2010.

3) With respect to the first contract, the non-party company paid to the Plaintiff KRW 624 billion on September 17, 2010; KRW 2.496 billion on the aggregate of the first and second intermediate payments on December 7, 2010; KRW 41 million on the delay of the first intermediate payment on December 15, 2010; and the non-party company paid KRW 34,368 million on December 30, 2010 on the second contract; the non-party company did not start the construction work on the date stipulated in the second contract, without delay for more than one month from the date of each payment; and the non-party company did not start the construction work on the first and second intermediate payment on the date stipulated in the second contract.

On July 8, 2011, the Plaintiff notified the non-party company of the termination of the first and second contracts.

B. On December 15, 2011, the Plaintiff filed a claim for damages against the non-party company, the Seoul Central District Court 201Gahap132666 against the non-party company.

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