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(영문) 부산고등법원 2017.10.26 2016나54261
건물명도등
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 5, 2014, the Defendant and the Plaintiff concluded a lease agreement with the Plaintiff to divide and lease the total rent of KRW 1,156,650,000 (Additional tax separately) for the purpose of use (type of business), food frate, 33 months after the completion of the lease period, and 35,050,000 (Additional tax separately) for the rent of KRW 1,156,650,000 for the lease period into the remainder, intermediate payment, and remainder (hereinafter “the instant first contract”).

Some of the terms of the instant primary contract are as follows.

Article 4 (Rents) (2) Provided, That a lessee shall pay a rent under the preceding paragraph in advance to a lessor according to the following schedule:

Article 5 (Management Expenses) (1) of the former part of the intermediate payment (60%) of KRW 115,65,000 (60%) immediately after the payment of the intermediate payment of KRW 693,990,000, which was made on March 20, 2014, the tenant shall pay the remainder (30%) available for the installation of the facility after the payment of the intermediate payment of KRW 115,665,00 (60%) separately from the rent.

The lessor shall install and provide measurement facilities.

Article 7 (Compensation for Delayed Damages) (1) A lessor shall not be exempted from the duty to pay rent, management expenses, etc. for the lessee even if the lessee has not actually used the leased article.

(2) Where a lessee delays the obligation to pay the rent, management expenses, etc. to the lessor, the lessee shall pay the lessor a penalty for delay at the rate of 15% per annum for the delayed amount.

(4) The appropriation for the amount paid by a lessee shall be made in the order of damages for delay, expenses in arrears, management expenses and rents.

(5) The provisions of this Article.

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