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(영문) 서울중앙지방법원 2014.12.19 2012가단354923
임료 등
Text

1. The Defendant shall pay to the Plaintiff KRW 115,248,584 and the interest rate of KRW 20% per annum from November 29, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. The buildings listed in the separate sheet (hereinafter “instant building”) are jointly owned by the Plaintiff (23.137% shares), E (53.726% shares), and the Intervenor joining the Defendant (hereinafter “ Intervenor”) (hereinafter “ Intervenor”), and 23.137% shares.

B. On November 22, 2010, the Plaintiff, E, and the Intervenor joining the Defendant entered into a lease agreement with the Defendant (F Co., Ltd. before the change) on the entire 412.8 square meters of the 3rd floor of the instant building (hereinafter “instant leased part”) with the following content:

(hereinafter “A” is a co-owner of the instant building, and “B” is the Defendant). Article 2 (Period of Lease) (1) of the Act provides that the term of lease shall be two years from December 15, 2010 to December 14, 2012; and if one party’s notice of termination is not given 60 days before the contract is terminated, it shall be automatically extended for one year.

Article 3 (Lease Deposit) (1) "B" shall deposit 100 million won of the lease deposit for the leased object to Gap.

(2) The term “B” means that the security deposit, including the down payment and the remainder, is paid in installments according to the shares of the co-owner in the business bank account designated by the “A”.

Article 4 (Rent) (1) Monthly rent shall be determined as KRW 7,850,100 (excluding value-added tax), and “B” shall pay the amount of the tax invoice issued at the beginning of each month according to the respective shares of “A” by the last day of each month as the designated deposit account for the last day of each month.

(2) If the payment is delayed from the date of the payment of the rent, “A” shall apply the overdue interest rate of 2% per month from the date on which the payment period expires to “B” and apply the overdue interest rate of 2% of the rent to “B”, and “B” shall pay it to “A”.

Article 5 (Management and Maintenance Expenses) (1) The term "B" means the expenses (such as the public electricity charges, water supply and drainage charges, cleaning charges, cleaning expenses, consumption expenses, and other expenses necessary for the management and maintenance of the building) required for the maintenance of the building.

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