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(영문) 서울중앙지방법원 2015.01.22 2014가합500253
기타(금전)
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 332,465,648 and KRW 326,550,580, among themselves, from November 12, 2013 to January 12, 2015.

Reasons

Based on the facts, on February 27, 2013, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant B with respect to the 1,223 square meters (hereinafter “instant store”) of the branch-story among the Seoul Special Metropolitan City D buildings (hereinafter “instant building”) newly constructed with Defendant B (hereinafter “instant building”) and the deposit amount of KRW 680,00,000, the provisional contract amount of KRW 203,000,000, monthly rent of KRW 24,000,000 ( separate value-added tax), and the lease agreement between February 27, 2013 to February 26, 2018 (hereinafter “instant provisional contract”).

The provisional contract of this case is deemed to be a fixed contract when Defendant B, a lessor, obtained an approval for use of a building from the Gwanak-gu Office or completed a completion inspection, and the Plaintiff, a lessee, confirmed the name of the contractor. However, if the above conditions are met within three months from the date of the provisional contract, it shall be deemed to be a fixed contract, and if the above conditions are not met even after six months have passed from the date of the provisional contract, the provisional contract of this case shall lose its effect, and in this case, Defendant B shall refund all the provisional contract and the pre-paid investment expenses to the Plaintiff, including the following special agreements:

(1) A passage connected to an underground store from the first floor by Defendant B, a lessor, shall be established and installed.

Provided, That when installation is not possible, the above defendant shall bear all of the expenses under paragraph (2) below.

(2) Cargo liftss connected to the second underground floor from the underground floor may be installed through consultation with the plaintiff and defendant B.

(3) Floors and electrical construction works shall be based on the basic specifications in the trial works. Electric facilities shall be installed at the plaintiff's request, and the plaintiff shall bear additional costs in the case of executing the floor tay as the plaintiff's selected products.

(4) When a contract is concluded, premium for facilities, including electric installations, liftss, and floorl-day construction costs, may be claimed to the transferee after the contract is concluded.

(5) At the time of conclusion of this contract, creation of collateral security or creation of chonsegwon shall be made.

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