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(영문) 대전지방법원 2015.07.22 2015가합1523
손해배상(기)
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 318,583,290, and 5% per annum from May 15, 2015 to July 22, 2015.

Reasons

Basic Facts

On November 20, 2014, the Plaintiff entered into a lease agreement (hereinafter referred to as the “instant lease agreement”) with respect to Defendant B (a son, who is an son of Defendant B, has committed a series of legal acts and facts related to the instant case in the name of Defendant B; hereinafter, for convenience, an act committed by Defendant C in the name of Defendant B) and E stations located in the Plaintiff-owned E stations (hereinafter referred to as “instant gas stations”) from December 15, 2014 to December 31, 2017, with respect to the lease term of December 31, 2017, with respect to the lease deposit of KRW 9,350,000 (a sum of rent of KRW 8,50,000 + KRW 850,000 + an additional tax of KRW 850,000).

The main contents of the instant lease agreement are as follows.

The lessor and the lessee shall enter into a lease contract for the following immovables by agreement:

Article 1 [Indication of Real Estate]

1. Location: The location of Gyeonggi-do D (Gu F) and E-gas station;

2. Land category 1) Land category: Area 2: 98 square meters (around 302 square meters).

3. 1) structure/use of a building: Area of gas station 2): Article 2 (Deposit and Monthly Tax Payment Period) of 203.1 square meter (32 square meters) (62 square meters) of the lease of real estate, the lessee shall enter into an agreement that the lease deposit, rent and the payment period shall be as follows:

1. Deposit: Daily deposit of KRW 150,000,000;

2. Contract deposit: daily payment of KRW 20,000,000, at the time of contract.

4. Balance: Payment of 130,000,000 won per day, December 15, 2014

5. Monthly rent: The lessee agrees on the 15th day of each month to make a pre-paid automatic transfer of KRW 8,500,000 in daily gold and value added tax, a total of KRW 150,000,000,000 in annual gold and value added tax, until the contract expires. If the rent of the lessee is overdue, the late payment charge of 24% per annum shall be calculated by the number of days;

Article 3 [Duration] A lessor shall deliver the above real estate to the lessee by December 15, 2014 in a condition that he/she can benefit from using it for the purpose of the lease, and the term of lease shall be 36 months from the date of delivery until December 31, 2017.

Article 6 [Termination of Contract]

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