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(영문) 인천지방법원 2017.06.16 2014가합59299
기타(금전)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. As to the claim against the defendant A

A. The Plaintiff asserted that the Plaintiff entered into an open storage deposit agreement with the Jung-gu Incheon Port Corporation to pay the deposit amount of KRW 64 million, monthly storage fee of KRW 32 million (in addition to the penalty tax, KRW 35 million from the date of the contract; KRW 25 million from the date of the contract) to D on April 19, 2010, when the Plaintiff leased 19,130 square meters of the land of Jung-gu Incheon Metropolitan City (hereinafter “instant site”) among the land of Jung-gu, Incheon.

D paid a down payment of KRW 10 million on April 19, 2010, and used the instant site, and on June 28, 2010, paid KRW 22 million, which is part of the deposit.

Defendant A has jointly and severally guaranteed the obligation under the former contract of D.

D did not pay 305,808,140 won in arrears from April 19, 2010 to April 16, 2014.

Therefore, Defendant A, as a joint and several surety, has the obligation to pay the Plaintiff the amount of KRW 305,808,140 in arrears and damages for delay after delivery of the complaint.

B. Determination 1) The Plaintiff (a) leased the instant site from the Incheon Port Corporation on June 11, 2009 to June 14, 2014, the term of lease from June 15, 2009 to the date of June 14, 2014, the annual rent of KRW 379,99,00 (interest and additional tax) for the first year, and the annual rent after the second year to the amount calculated by multiplying the principal amount of the annual rent by the officially announced value of the land in the previous year compared to the officially announced value of the previous year.

B) On April 19, 2010, the Plaintiff entered into a warehouse deposit agreement with the Plaintiff as a bailor, and with the Plaintiff as a bailee. According to the deposit agreement, the bailor shall pay favorable, salt, and expenses incurred in the storage of the parking lot as KRW 64 million as well as monthly storage fees of KRW 32 million as of the end of each month to the bailee as of the end of the month, and KRW 35 million as of the date of the contract from the date of the contract (in addition, value added tax is set aside separately, and thereafter, 35 million as of the date of the contract.

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