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(영문) 서울중앙지방법원 2018.10.10 2017가합546779
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,510,557 out of KRW 41,380,912 and the said amount, from July 1, 2017 to the day of full payment.

Reasons

1. Basic facts

A. 1 directly owned lake Co., Ltd. D is a stock company A on March 2008 (hereinafter “A”).

(D) the trade name was changed (hereinafter referred to as “D”).

A. E Co., Ltd. (hereinafter “E”) on August 1, 2002

(F) Co., Ltd., F (hereinafter “F”).

) The member-gu G commercial building in Ansan-si (hereinafter referred to as the “G building”) from Ansan-si.

2) On August 24, 2007, 2007, the Plaintiff entered into a lease agreement that leases 25.13% of the shares of G building 1 from the first floor to the fifth floor above (hereinafter “the instant building”) to the Plaintiff out of the entire sectional ownership of G building 25.13% of the total sectional ownership of G building 25.13% of the total sectional ownership of G building 25.13% of the construction cost (hereinafter “the instant direct ownership lease agreement”).

The contents of the above lease agreement pertaining to the instant case are as follows:

Article 3 (Use of Purpose and Use of Lease Objects)

3. H and its affiliates (hereinafter “H, etc.”) have the right to conduct business activities by dividing the space according to the necessity of H, etc. in order to enhance business efficiency in using leased objects during the lease period.

Provided, That if the exclusive use area of D is used as a passage and warehouse space during the lease period or the common use area of some floors is used exclusively, H may use it within the extent that does not violate the Act on Ownership and Management of Condominium Buildings.

Article 10 (Monthly Rent)

1. H, etc. shall be paid 3% (excluding surtax) of the total sales to D as monthly rent, and the payment base date shall be 30 days after the date of commencement of the business, such as H, etc.;

2. H, etc. may verify the sales data and other actual sales in order to provide D with information on sales on the basis of monthly rent payment.

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