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(영문) 대구지방법원 2016.08.25 2015가합204551
사용료
Text

1. The defendant shall pay 183,394,335 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On May 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant (former name: C) on a condition that the lease is to be made by setting the size of 3,388 square meters in Daegu Dong-gu, Daegu-gu (hereinafter referred to as “Dong-dong”) and the size of 1,388 square meters in F miscellaneous land, 684 square meters in size, G miscellaneous land, 321 square meters in total, and 4,393 square meters in total as KRW 10,00 in monthly rent per land as KRW 10,000 in total.

[Lease Contract] (1) A lessor shall lease a leased object indicated below to a lessee and a lessee shall lease the leased object.

Location: Daegu Dong-gu E (3,38 square meters), F (684 square meters), and G (321 square meters): Land category of 4,393 square meters on land: Miscellaneous land (3) the lessee shall lease the leased object for the purpose of maintaining factories and sports facilities, and shall obtain the lessor’s permission if it is used for other purposes.

Article 2 (Term of Lease) (A) Rent for a lessee shall be calculated on the date on which the completion date of a building commences.

(1) The lessee shall register in the name of the lessor by constructing and installing buildings and other facilities necessary for business instead of deposit money at his own expense.

(2) In the event of termination of the lease term and termination of the contract due to the lessee’s return to the lessee, the lessee shall gratuitously transfer the leased property to the lessor.

Provided, That if the lessor does not want to take over the building, etc., the lessee shall restore the leased property to its original state and return it to the lessor.

(1) The monthly rent shall be KRW 13,300,000 (excluding value-added tax), and the lessee shall pay it at a place designated by the lessor.

(3) A lessee shall pay to the lessor the rent calculated from the completion date, even if it is not possible to move into after the completion date of the building.

(4) However, the rent for F (207 square meters per month) is written as “H” in E and G lease agreement (Evidence A No. 1-1), but this is written.

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