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1. The defendant shall pay 431,169,800 won to the plaintiff and 20% per annum from March 22, 2013 to the day of complete payment.
Reasons
1. Basic facts
A. On September 2005, the Plaintiff and the Defendant concluded a concession agreement on the implementation of the project of an Incheon International Airport Free Trade Zone (hereinafter “instant agreement”) with the content that the Plaintiff leased from the Defendant the land of 38,347.7m2 (hereinafter “instant land”) totaling the size of the Seo-dong, Jung-gu, Incheon (Seoul Free Trade Zone A-18 B-18 B-1). The main contents of the instant agreement are as follows.
Article 6 (Rents for Land) (1) Rent for land shall be calculated and imposed according to the following formula:
The annual rent for land = [10,500 square meters x 10 percent of the officially announced value of land in the area of a cargo terminal x 10 percent of the officially announced value of land in the area of a cargo terminal x inappropriate rate] x the standard for calculating the suitability rate (based on weight) under paragraph (1) (2) shall be as follows, and other cargo shall be deemed an inappropriate cargo:
1. Goods used or produced by a manufacturer in the Incheon International Airport or other domestic free trade zone;
2. International transshipment goods via any free trade zone;
3. Rent for land shall be imposed on the cargo separately determined by the other airport construction works (the defendant shall be referred to; hereinafter the same shall apply).
Provided, That where a project implementer reports a foreign investment of at least five million U.S. dollars to the Government, 50% of the rent for land calculated pursuant to Article 6 (1) shall be reduced for three years from the date of imposition of the initial rent for land.
(4) Rent for land shall be paid in advance each quarter.
(5) Rent for land to be paid in advance pursuant to paragraph (4) shall be an amount calculated on the basis of 10% of the officially announced value of each unit area of a cargo terminal, and where evidential documents are submitted to the effect that the volume of cargo to be handled corresponds to the adequate rate of cargo, the airport construction corporation shall examine related data
(6) Rent for land shall be classified.