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(영문) 서울고등법원(인천) 2020.09.17 2019나13832
인도청구
Text

All appeals by the defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On July 13, 201, the Plaintiff is a corporation established for the management and operation of harbor facilities, loading and unloading of ports, and harbor transport businesses, etc. on July 13, 201. Defendant B is a corporation established for the business purposes of the marine transportation and container operation, logistics terminal operation, etc. on December 15, 2014. Defendant C is a corporation established for the business purposes of the management and operation of harbor facilities, loading and unloading of ports, and harbor transport operation, divided from the Plaintiff on December 1, 2015.

B. Lease 1 between the Plaintiff and the Korea Water Resources Corporation (hereinafter “Water Resources Corporation”) on October 11, 201, the Plaintiff is the Korea Water Resources Corporation (hereinafter “Water Resources Corporation”).

(C) Each of the items listed in the separate sheet (C 1st and future sites; hereinafter referred to as “instant terminal”) among the Stage 1 containers containers listed in the separate sheet (hereinafter referred to as “instant terminal”).

(E) two or more seats and future sites of E (hereinafter referred to as “E Terminal”);

2) The term “instant lease agreement” (hereinafter referred to as “instant lease agreement”).

(2) The lease period of a future site among the lease facilities shall be from the commencement date of use to December 31, 2041. Article 5 (Commencement of Commencement of Use and Liability) ① The commencement date of use of the leased facilities shall be February 1, 2012. Article 6 (1) The Water Resources Corporation shall collect rent for the use of a wharf from the Plaintiff pursuant to Article 31 of the Harbor Act.

(2) The annual rents of a wharf shall be as follows:

1. Year 201: An amount calculated by multiplying the amount of rent for 2012 by the number of months of lease shall be calculated by multiplying the amount of rent for 12 equal years, but the calculation shall be based on the number of days, if the commencement date of use

2. The year 2012: 1.675 billion won;

6. The year 2016: 3.829 billion won.

7. From 2017: Calculation by multiplying the fixed and performance rent for the previous year by the inflation rate; and the first fixed rent for the year 2016.

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