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(영문) 서울중앙지방법원 2015.04.21 2014나15414
기타(금전)
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 18, 2006, pursuant to the State Property Act and subordinate statutes, the Plaintiff entered into a contract with the Defendant to lease the building of 113.1 square meters (hereinafter “instant building”) which is a State-owned general property (hereinafter “instant loan agreement”) upon entrustment by the competent authority of the Republic of Korea (Ministry of Strategy and Finance) to the Defendant regarding the administration and disposal of State property (hereinafter “instant building”).

The main contents thereof are as follows:

Article 1 The purpose of use of leased property shall be neighborhood living facilities.

Article 2 The loan period shall be from December 18, 2006 to December 17, 201 (five years).

Article 3 The rent shall be KRW 5,000,000 per annum (5,00,000).

In the case of temporary payment under Article 4, the defendant shall pay the rent by December 18, 2006, and where the rent is paid after the payment deadline expires, he shall pay the rent with late payment charge in accordance with Article 44 (3) which applies mutatis mutandis under Article 41 (3) of the Enforcement Decree of the State Properties Act.

Article 8 (1) In any of the following cases, the plaintiff may cancel this contract against the defendant:

5. Where the defendant violates the State property Acts and subordinate statutes and the above contract provisions.

B. On December 18, 2006, the Defendant paid 5,000,000 won to the Plaintiff during the loan period from December 18, 2006 to December 17, 2007, which falls under the first-year loan period under the instant loan agreement, from December 18, 2006 to the Plaintiff.

C. On December 12, 2007, the Plaintiff sent to the Defendant a letter of public notice to the effect that the Plaintiff shall pay the loan fee of KRW 5,00,000,00, which falls under the second-year loan period from December 18, 2007 to December 17, 2008 under the instant loan agreement, from December 18, 2007, which is the second-year loan period under the instant loan agreement, until December 18, 2007.

The defendant did not pay the loan corresponding to the loan period of the second year to the plaintiff.

On December 15, 2008, the Plaintiff notified the Defendant that the instant loan agreement was terminated on the ground that the pertinent loan was unpaid.

On April 2013, the plaintiff "the defendant is below the above unpaid loan charges."

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