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(영문) 창원지방법원밀양지원 2019.01.09 2017가단13474
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in attached Form 1.

2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.

Reasons

1. Basic facts

A. On July 17, 2013, the Plaintiff entered into a provisional contract with the Defendant for the lease of a meat processing plant located in Gyeongnam-gun, Nannam-gun (hereinafter “instant provisional contract”).

B. On October 6, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant contract”) with Defendant and D Co., Ltd. (hereinafter “D”) on each of the instant factories with a deposit amounting to KRW 150 million as follows.

Article 1 (Purpose) A (Plaintiff) The purpose of Article 1 (Purpose) is to rent and use land processing factory buildings, and machinery and equipment (the factory of this case) of A (Defendant) after completing the renovation repair.

Article 3 (Term of Contract)

1. “A” shall refer to B and C after completion of the renovation and repair of the meat processing plant, and shall determine a period of five years from the date of use;

(Occupancy Date: Article 6 (Obligation)(B) of the 2015 Agreement shall be stated in the year 2014, but shall be in writing in the year 2015.

2. Eul, Byung shall bear all the electricity charges, expenses incurred in the operation of equipment, and other expenses incurred in the repair of equipment and facilities due to the full-time use of equipment and facilities other than natural disasters, which occur after moving into the processing factory of Gap;

5. The number of pigs slaughtered within the term of contract shall be 100 ambling pigs, general 150 ambling/day, and Eul and Eul may terminate the contract when the partial meat processing operation is suspended due to the circumstances of disease or the contract amount is not performed for a long time; hereinafter the same shall apply);

6. Eul shall settle the fee for slaughter with the maximum number of 20 days from 1 to 15 days, and shall settle the fee for slaughter with the maximum number of days from 16th to 5th day of the following month.

C. Defendant and D moved into the instant factory on May 22, 2015.

On June 2, 2016, the Plaintiff: (a) on June 2, 2016, “the Plaintiff did not perform the slaughter of 150 dus per day as stipulated in the instant contract, and the number of slaughtered 40,576 dus.”

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