(영문) 의정부지방법원고양지원 2020.10.16 2020가단70607

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(영문) 의정부지방법원고양지원 2020.10.16 2020가단70607

손해배상(기)

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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The defendant is the representative director of C Co., Ltd. (hereinafter "the company of this case").

B. On June 22, 2015, the compulsory auction procedure for the instant real estate was commenced on June 22, 2015, at the request of the D Management Body, which is the managing body of the instant real estate, the Plaintiff was operating a wedding hall in the Goyang-gu D Building E-dong 4th floor F, G, H, 5th E-dong I, J, and K (hereinafter “instant real estate”).

(The auction of this case). [Article 1] The plaintiff leased the real estate of this case to the company of this case in accordance with the terms and conditions of this contract, and the company of this case approves.

[Article 2] The Company shall operate the place of business in the name of the Company.

[Article 3] The Plaintiff shall deliver the present place of business and facilities, fixtures, etc. inside the place of business to the instant company.

However, if the instant chemical changes due to consumption, damage, etc. of the Plaintiff’s facilities, equipment, and fixtures after the expiration of the contract period, it shall be returned to the Plaintiff after the expiration of the contract period.

However, when transferring to a third party after the expiration of the contract period, the portion re-investment made by the company of this case is recognized.

[Article 4]

A. The term of this contract is five years (60 months) from October 1, 2015 to September 30, 2020.

(Interim omitted) [Article 5]

(a) The amount guaranteed for lease shall be 350,000,000 won;

(b) Prepaid amount shall be paid KRW 40,000,000 on August 12, 2015, and the down payment shall be paid KRW 40,000,000 on August 21, 2015, and any balance shall be paid KRW 300,000,000 on October 1, 2015.

(c) Monthly rent of KRW 37,000,000 (including value-added tax) shall be deposited on the 10th day of each month on the account number designated by the Plaintiff.

[Article 6] All expenses, taxes, and public charges (including management expenses) for the place of business during the term of this contract shall be borne by the instant company and shall not be claimed to the Plaintiff in any form.

Provided, That the property tax on the land and building of the place of business shall be borne by the plaintiff, and traffic inducement charges.

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