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(영문) 대구지방법원 2016.10.14 2015가합87
건물명도
Text

1. As to the Plaintiff (Counterclaim Defendant) KRW 19,895,927 against the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from April 22, 2015 to October 14, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 26, 2008, the Plaintiff entered into a lease agreement with the Lessee on the following terms: (a) Around that time, the Plaintiff entered into a lease agreement with the Lessee to lease the seeing site stating “the object of lease” (hereinafter “instant bowling site”); and (b) the Lessee paid KRW 100 million to the Plaintiff.

The Defendant signed and sealed the instant lease agreement as his agent.

(hereinafter “The instant lease agreement”). The deposit under Article 3 (Deposit and Monthly Rent) including the public area of 1,2,906.7m2 (29m2) in building A located in Suwon-gu, Daegu-gu, Seoul-gu, Seoul-gu, Seoul-gu, Seoul-gu, Seoul-gu, Seoul-gu, for the purpose of the lease (hereinafter “instant lease agreement”). The deposit under Article 2 (Period) (Deposit and Monthly Rent) from December 1, 2008 to November 30, 2010: KRW 10 million, and monthly rent: KRW 100,000 (Additional Value-Added Tax) (hereinafter “Management Fee”).

1. B (Counterclaim Plaintiff) shall pay monthly fixed value added tax to 9,00,000, including electricity charges, water supply charges, cleaning charges, air conditioners, sanitary expenses, and other expenses (hereinafter “charges”) used every month for his/her own business and taxes and public charges, and shall pay in advance by the fifth day of the relevant month.

Provided, That where the contract period commences or terminates in the month, it shall be calculated on a daily basis and settled.

2. Even after the expiration of the contract period, if the equipment of Eul is located in the leased place, the whole amount of the charges shall be paid;

Article 5 (Facilities)

1. The Plaintiff (Plaintiff) shall construct the basic facilities of the store that he/she intends to rent to the Plaintiff (Counterclaim Plaintiff) at his/her own expense.

2. B shall install inside and outside facilities and fixtures necessary for the business of B at its own expense, and at this time obtain prior approval from A.

In addition, all civil and criminal responsibilities should be imposed even on the facilities prior to the approval of Gap, which occur while the employees of Eul or Eul have been employed.

3. Completion of a contract, etc.

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