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(영문) 수원지방법원 2014.08.14 2013가단87181
채무부존재확인
Text

1. A store with respect to No. 10 and No. 13 among the commercial buildings listed in the separate sheet against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant).

Reasons

The Plaintiff asserts that there is no obligation to pay the store user fee to the Defendant for the first floor Nos. 10 and 13 (hereinafter “each of the instant stores”) among the stores listed in the separate sheet (hereinafter “instant commercial buildings”), and sought confirmation as the principal lawsuit. Since the Defendant seeks payment of the said store user fee as a counterclaim, the Plaintiff also seeks to determine the principal lawsuit and the counterclaim.

1. Facts of recognition;

A. In order to promote the friendship and interest of the shop occupants of the instant commercial building, the Defendant, an organization, among the instant commercial buildings, concluded a real estate use contract with the Plaintiff and March 7, 2007, whose monthly user fee is KRW 50,000 (hereinafter “the instant use contract”). As to each of the instant commercial buildings, the Defendant, from the users of the store, who did not manage the instant commercial building, received a certain amount of fees and used as operating expenses for the management and operation of the instant commercial building. As to each of the instant commercial buildings, the Plaintiff and the Plaintiff, a company that newly built and sold the instant commercial building, entered into a contract for the use of real estate with the amount of KRW 50,00 (hereinafter “the instant use contract”).

On the other hand, even if the contract term expires, the contract of this case was automatically extended in the absence of special circumstances.

B. The Plaintiff, including each of the instant stores, has been running a border business from around August 2006, 1st, to around August 2006, with the trade name, i.e., 9 to 14 of the instant commercial buildings, and from around August 2006, the Plaintiff has not paid the Defendant the user fee at all since April 2007 after the conclusion of the instant use contract.

[Ground of recognition] Unsatisfy, entry of Eul evidence 1, purport of whole pleadings

2. According to the facts of the judgment as to the cause of the principal lawsuit and the counterclaim, the Plaintiff served the Defendant with the fee of KRW 4,300,000 pertaining to each of the instant stores for 86 months from April 2007 to May 2014, which the Defendant sought (=50,000 x 86 months) and the duplicate of the instant counterclaim as sought by the Defendant.

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