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(영문) 대구지방법원김천지원 2019.04.12 2018가합15812
차임 등 청구의 소
Text

1. The defendant shall pay to each of the plaintiffs 195,220,343 won and the interest rate of 15% per annum from March 7, 2018 to the day of full payment.

Reasons

1. Basic facts

A. On September 24, 2015, the Korea Railroad Corporation and A Co., Ltd. (hereinafter “Convention”). On September 24, 2015, the representative company entered into an agreement on the promotion of the business of commercial facilities in the D Station including the following, and the consortium has paid annual rent to the Korea Railroad Corporation while operating commercial facilities in the D Station.

The Korea Railroad Corporation and the consortium shall enter into the following agreements to facilitate the operation of commercial facilities in the D Station (hereinafter referred to as the "this project"):

Article 2 (Conclusion of Agreements and Parties) The Project Promotion Convention shall be concluded between the following parties as of September 2015:

1. Korea Railroad Corporation;

2. consortiums;

A. Plaintiff A corporation

B. Article 5 (Definition of Terms) (1) The definitions of terms used in this Convention are as follows.

3. The term "operator" means a person who has been selected as a priority bidder and has entered into an agreement with the Korea Railroad Corporation to implement projects;

5. The term "operation project" means a project that a person selected as an operator operates assets of the Korea Railroad Corporation for a certain period after he/she has obtained approval for use;

7. The term "rent" means the amount to be used (excluding value-added tax) to be paid by an operator to the Korea Railroad Corporation in return for the operation of this project in accordance with the public offering guidelines;

Article 6 (Areas and Details of Projects) ① Commercial facilities (including parking lots) and underground parking lots (including connecting passages), such as the annexed parking lot 1 for the project.

Provided, That the area, etc. may be changed in the authorization process.

(2) The purpose of this project is to operate and manage sales facilities, neighborhood living facilities, cultural and assembly facilities, and parking lots within the area subject to the project, and shall be used in compliance with the business plan submitted at the time of public offering.

Article 12 (Disposition by Existing Sub-lessee) (1)

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