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(영문) 서울중앙지방법원 2014.03.12 2012가합105388
구상금 등
Text

1. The Defendant’s KRW 591,656,553 as well as the Plaintiff’s annual rate from January 1, 2013 to March 12, 2014.

Reasons

1. Basic facts

A. On June 26, 2002, the Plaintiff leased the C gas station located in Gwangjin-gu Seoul Special Metropolitan City (including the site, building, facility, and permission; hereinafter “instant gas station”) from the Defendant to the end of June 30, 200, deposit money of KRW 320,000,000, rent monthly, KRW 7,000,000, and the period from July 1, 2002 to June 30, 2007. At that time, the Plaintiff paid the said deposit and operated the instant gas station by delivery.

B. The Plaintiff and the Defendant concluded a lease contract with the period of KRW 8,50,000 per month, which was on June 30, 2004 regarding the gas station of this case, changing the period from July 1, 2004 to June 30, 2009. The Plaintiff and the Defendant concluded a lease contract with the period of KRW 12,50,000 per month, which was on July 20, 2009, and the period from July 1, 2009 to June 30, 2012.

C. The Plaintiff and the Defendant agreed to each of the above lease agreements (hereinafter collectively referred to as “instant lease agreements”) as follows:

1) The Defendant shall maintain the leased object in a state necessary for the use and profit-making of the leased object. 2) The Defendant is responsible for the maintenance and repair of the site’s packing, underground concrete stay, septic tank, drain pipe, tank, pipe, fire wall, retaining wall, etc. The Plaintiff is responsible for the cleaning and partial repair of the water-flowing tank, etc., replacement of the inside and outside of the building’s water-water separation tank, etc., replacement of the front and outside parts of the building, replacement of the electric appliances and their accessory materials, repair of the main organic power generator, air compresseder, and repair of the oil gas station, oil

3) In the event that the Plaintiff’s additional installation on the leased object was made with the Defendant’s written consent, the Defendant would have purchased the object at the price claimed by the Plaintiff at the time of the termination of the contract, and the Defendant shall pay the price to the Plaintiff in cash at the time of the termination of the contract. D. The instant lease agreement between the Plaintiff and the Defendant was terminated on June 30, 2012 without any additional renewal. [In the absence of any grounds for recognition, the entry in the evidence No. 2-1, No. 2, and 3, as well as the pleadings.

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