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(영문) 창원지방법원 2019.05.16 2018가합55381
구상금
Text

1. The Defendant’s KRW 2,106,360,523 among the Plaintiff and KRW 795,919,963 among the Plaintiff, shall be KRW 416,063,072 from August 25, 2018.

Reasons

Facts of recognition

As to the site of this case, the president of the Korea Industrial Complex Corporation shall be "A" and the D Co., Ltd. which intends to rent and move into the above real estate shall enter into an occupancy contract as follows:

Article 1 (Period of Lease) The term of lease shall be 50 years (10-year re-contract) from September 4, 2009 to September 3, 2059.

Article 2 (Lease Area and Rent) (2) Rent shall be 104 won/months per square meter until December 31, 2009.

(3) Where the application period of rents under paragraph (2) expires, they shall be the rental prices publicly notified by the Minister of Knowledge Economy.

Article 4 (Payment, etc. of Rent) (1) "B" shall be paid by calculating the rent for the relevant year at the same time as this contract is concluded.

Provided, That the number of days less than one month shall be calculated on a daily basis.

(2) Rent shall be paid in advance on a yearly basis by the end of the preceding year to a financial institution designated by "A".

Where it is inevitable to pay in installments, it shall be paid in installments within four times, and 6% interest per annum on the balance shall be added.

Article 9 (Termination of Contracts) (1) “A” may terminate a contract where “B” falls under any of the following subparagraphs:

1. Where an application for commencement of company reorganization procedures or bankruptcy procedures under the Company Reorganization Act or an application for commencement of company reorganization procedures under the Company Reorganization Act with respect to “B” is filed; and where “B” is to be cancelled due to unavoidable circumstances during the term of this contract under Article 10 (Request for Termination of Contract) where business activities are not discontinued for not less than one year, the application for cancellation shall be filed and “A” shall be terminated within one month.

Article 12 (Restoration of Land) (1) Where the lease period expires or this contract is terminated or terminated, "B" shall be deemed to have been donated to the State or a local government the factory or other facilities constructed in the lease site within the period designated by "A" or the cost of lease site "B".

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