(영문) 의정부지방법원 2019.10.23 2018가합54231

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(영문) 의정부지방법원 2019.10.23 2018가합54231

임대료 청구의 소

Text

1. The Defendants shall jointly and severally serve as KRW 574,00,000 on the Plaintiff and as a result, from April 3, 2019 to May 31, 2019.

Reasons

1. Basic facts

A. On July 10, 2017, the Plaintiff entered into a contract with Defendant C, Co., Ltd. (hereinafter “Defendant C,” and “Defendant D”) on the supply of carba with the Defendant C to the effect that “100 carbabs to be used in the business of providing accommodation to be used in F (hereinafter “business”) as rent of KRW 8 million per unit (excluding value-added tax)” (hereinafter “instant lease contract”).

The main contents of the instant lease agreement are as follows.

Article 3 (Standards for Rent and Period of Business) of the Contract for the Supply of KaRaba (Standards and Period of Business for Rent)

1. The ownership of the carra team to be established shall be owned by the Plaintiff, and the Defendant C shall lease and operate this team and return it after F.

2. The lease period shall be March 20, 2018, from the time of establishment to March 20, 2018, and the final date of delivery shall be determined by mutual agreement.

3. The project period shall include the model operation period of one month prior to the date of providing the first lodging (or the end of January 2018).

Provided, That it shall not be used by contract customers or general customers during the demonstration operation period.

Article 5 (Responsibility)

1. Liability of Defendant C (1) The rent shall be paid smoothly;

All responsibility for the payment of rent is against Defendant C, and if the Plaintiff’s damage is incurred, Defendant C shall compensate for the damage.

(hereinafter omitted)

2. The Plaintiff’s responsibility (1) is to smoothly supply 100 Kara Bans up to December 31, 2017, prior to the project period.

The plaintiff shall be fully responsible for the supply of carbaba, and the plaintiff shall compensate for all damages incurred due to the problem of supply.

(A) (Aythy)

The quantity shall be at least two.

(hereinafter referred to as "rents") Article 6 (1) 1 Rent shall be KRW 8 million per carra group (excluding value-added tax).

(2) The payment of rent shall be 50% of the total amount of rent until October 31, 2017, and remainder except the down payment.

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