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(영문) 서울남부지방법원 2017.01.19 2015가단247565
사용료
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 101,378,771 and the amount of KRW 101,368,771 among them, from December 9, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. From around 2004, the Plaintiff concluded a contract with the Defendant on February 28, 2013 to entrust the Defendant with the right to use the instant facilities and equipment and the right to operate the business (hereinafter “instant contract”) with the Defendant, as follows, after entrusting the Defendant with the operation of the second floor, third floor international conference rooms, and auxiliary spaces of the Yangcheon-gu Seoul Metropolitan Government Broadcasting Center (hereinafter “instant facilities and equipment”).

Article 6 (Period of Contract for Entrusted Operation) The contract period of entrusted operation shall be from March 1, 2013 to February 28, 2014, and where it is intended to terminate entrusted operation, it shall be notified in writing to the other party two months prior to the expiration date of the contract.

Provided, That even during the contract period, if there is a serious reason for the change of the contract terms, the contract terms may be changed by mutual agreement between the contractor.

Article 7 (Payment of Fees) (1) The defendant shall pay to the plaintiff monthly user fees for the objects of entrusted operation prescribed in Article 3 during the contract period, and the user fees shall be KRW 4,020,000 (Additional Value-Added Tax).

② The Defendant shall pay the monthly usage fee prescribed in the preceding paragraphs to the bank account that the Plaintiff is fixed by no later than the 15th of the following month, and when the payment of usage fee is overdue, the arrears calculated by applying the interest rate of 1.2% per month to the amount of arrears shall be paid

In addition, the defendant shall pay 41,286,620 won (the total amount of arrears 167,254,952 won) by the day on which the contract period expires according to the payment plan for late payment as follows:

- By February 28, 2013: 4,200,000 won - By May 15, 2013: By June 15, 2013: 3,543,310 won - By June 15, 2013: By June 15, 2013: 3,543,310 won - By September 15, 2013: 10,000,000 won - by December 15, 2013: 10,000,000 won - By February 15, 2014: 10,000,000,000 won; 3. When the Defendant terminates or terminates the contract to guarantee the payment of monthly rent, the Defendant issued an order to the Plaintiff by the Defendant after the entrustment operation by the Defendant.

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