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(영문) 인천지방법원 2020.04.17 2019가합55476
기타(금전)
Text

1. The defendant 78,877,941 won to the plaintiff and the plaintiff

A. As regards KRW 45,755,600 among them, from March 1, 2020 to April 17, 2020

Reasons

1. Facts of recognition;

A. In order to operate a factory and logistics warehouse, the Defendant entered into a lease agreement with the Plaintiff on 10,185 square meters of land B in Seo-gu, Incheon (hereinafter “instant land”) around July 2014.

The main contents of the lease agreement are as follows:

(hereinafter “instant lease agreement”). Article 4 (Lease Period) (1) The lease period of the leased property shall be 20 years from November 12, 2012 to November 11, 2032; Provided, That where an extension of the lease period is necessary, the period may be extended by up to ten years through mutual consultation.

Article 5 (Collection and Adjustment of Rent) (2) From July 2013 to December 31, 2014, the annual rent formula shall be 1,464 won/per 464 won/monthly x the leased area x the period of use (monthly separately), and the annual rent for the next year to be imposed each year from January 1, 2015 shall be calculated by multiplying the rent for the previous year by the consumer price index fluctuation rate for the immediately preceding 12 months, and regardless of the timing of contract, each year, regardless of the timing of contract.

1.1. It shall apply to the unit of one to one year; and

Article 6 (Payment of Rent) ① (1) A (Defendant) shall pay the rent by the due date in accordance with the payment notice for rent issued by the Plaintiff, and when A fails to pay the rent by the due date, according to the overdue rate specified in the example of Article 39 of the State Property Act, according to the overdue rate specified in Article 73 of the State Property Act.

The additional charges shall be collected in accordance with the following formula according to the number of overdue days:

B. From May 2017, the Defendant did not pay the instant land rent.

A person who fully acquires ownership of the relevant tenant facility through the auction and submits a written request for consent to the construction through full payment of the contract price and the sale price of the facility through the auction and submits a written request for consent to the construction, in full, the unpaid rent and unpaid management expenses based on the lease

C. The Defendant is a total of 2,639.19 square meters of a single-story factory and 213.98 square meters of a three-story factory on the instant land.

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