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(영문) 부산지방법원 2015.01.30 2014가단226907
용역비
Text

1. The plaintiff, the defendant corporation, the 9,929,700 won, the defendant corporation, the CD-style bus Co., Ltd. and the defendant corporation, the 93.

Reasons

1. Basic facts

A. The Defendants are sectional owners of the Busan Northern-gu B building (hereinafter “instant building”), who operate a large discount store and film theater in the said building.

B. On April 3, 2009, the Plaintiff entered into a lease management contract with the COperation Management Body, which is the management body of the instant building, with respect to the instant parking lot and parking facilities (hereinafter collectively referred to as “instant parking lot”), as follows (hereinafter referred to as “instant contract”).

Article 4 (1) (1) The Plaintiff may operate a fee parking lot using the parking lot of the instant building instead of performing the management duties under the provisions of Article 3.

(2) All matters concerning user fees shall be consulted with COperational Management Body.

Article 7 (Advance Payment and Monthly Rent) (1): 150 million won in advance of KRW 150 million shall be extinguished at the expiration of the lease period by subtracting 2.5 million won per month during the lease period (including value-added tax) from monthly rent for 60 months.

(2) Down payment: 70 million won is confirmed on April 3, 2009 to be deposited and (3) any balance: 80 million won shall be paid on April 10, 2009.

(4) Monthly user fee: 100,000 won shall be paid on the 10th of each month.

(5) The Plaintiff shall bear the electricity fee of the entire parking lot.

Provided, That facilities for purposes other than parking lots shall be excluded.

(1) The lease period shall be five years from April 3, 2009 to April 2, 2014.

(2) The lease period and monthly user fee may be adjusted according to the status of the occupant.

Article 9 (Collection of Parking Fees) (1) Parking fees may be adjusted after consultation with the COperation Management Body to the extent that it does not exceed the maximum amount to meet the market conditions in neighboring areas.

(2) The Plaintiff may collect parking fees from many unspecified persons using parking machines and parking lots.

(3) Parking fees and enterprise charges per hour for visiting vehicles and vehicles using commercial buildings in the instant building shall be as follows, and the main amount collected shall be as follows.

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