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(영문) 인천지방법원 2017.11.17 2016가합51831
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s business purpose was “acquisition, development, and operation of logistics facilities in the Republic of Korea, management, lease, investment, and other disposal of logistics facilities in the Republic of Korea, and all business incidental thereto,” which was constituted on January 13, 2006.

B. On July 20, 2006, the Plaintiff entered into an agreement on the implementation of the project of the Incheon International Airport Free Trade Zone (hereinafter “Free Trade Zone”) with the Defendant to pay the lease deposit of KRW 10,500 per square meter per square meter on the basis of the actual leased area, for the purpose of the design, construction, operation, maintenance, and management of tenant facilities within the Incheon International Airport Free Trade Zone (hereinafter “Free Trade Zone”).

The following are also included in this concession agreement:

Article 5 (Rents for Land) (1) Annual rents for land shall be calculated by the following formula:

(2) The rent for the first land set forth in paragraph (1) shall be applied only in 2006, and the rent for each year shall be adjusted from the quarter following the quarter in which the relevant date of public announcement falls. (3) The adjusted rent shall be applied from the quarter in which the relevant public announcement of land price falls. (4) The rate of change in the officially announced land price (the rate of increase, and decrease rate of the land price) reflected in the calculation of annual rent for land shall not exceed 9.5 percent from the officially announced land price for the preceding year.

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