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(영문) 서울중앙지방법원 2016.04.20 2015가단5093224
기타(금전)
Text

1. The Defendant: (a) KRW 23,302,90 for the Plaintiff and KRW 19% per annum from May 1, 2010 to March 5, 2015; and (b) March 6, 2015 for the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a comprehensive implementation contract with the Faupup Project Association which implemented a new business of building “E” (hereinafter “instant commercial building”) at the size of 4,144.3 square meters in Dongdaemun-gu Seoul Special Metropolitan City, Dongdaemun-gu, Seoul.

According to the above contract, the Plaintiff acquired the right of lease from the lessees of Dongdaemun-gu B and C, and implemented the lease (lease sale) of the sectioned shop in this case.

B. On June 12, 2008, the Plaintiff entered into a lease sale contract with the Defendant for the 2nd unit of the 5th floor among the instant commercial buildings (hereinafter “each of the instant lease sale contracts”). The main contents of each of the instant lease sale contracts are as follows.

Article 1 (Indication of Rental Real Estate) (1) Real estate subject to lease shall be as follows:

The target store: One unit of five stories (the exclusive use area of one unit: 3.9 square meters) (2) The specific location of a store shall be filled by lot after the remainder payment, and the sales price shall be settled according to the area of the store determined by lot.

(3) After drawing a store, a direct lease contract with a lessor is prepared, and such sales contract becomes void after drawing up a new lease contract, and a relationship with a lessor shall be governed by a new lease contract.

Article 2 (Payment of Price) (1) The following rent out of the rent shall be as follows, and where there is an increase or decrease in the area after the drawing of a store, the final settlement shall be made pursuant to Articles 4 and 5, and additional taxes shall be separately imposed:

(2) The sale price of KRW 35,500,000, 74,000 (77,550,000,000,000,000,000, excluding the rental deposit of KRW 38,50,500,000, excluding the rental deposit of KRW 35,50,000,00.

When concluding a down payment, 15,510,000 won, the first intermediate payment on July 2008, the second intermediate payment on September 2008, and the third intermediate payment on November 2008, and the fourth part on November 2008, respectively.

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