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(영문) 대전지방법원홍성지원 2017.08.22 2016가단9933
청구이의
Text

1. The defendant's order for payment was issued against the plaintiff by the Daejeon District Court of Hongsung Branch of the Daejeon District Court 2016j354.

Reasons

1. Basic facts

A. On February 29, 2016, the Defendant entered into a contract with C Co., Ltd. (hereinafter “related company”) on the use of the instant parking lot and parking facility (hereinafter “instant parking facility”) for the following terms with respect to the instant parking facility and parking facility (hereinafter “instant parking facility”) out of D, Manam-si, Sungnam-si, as amended:

(A) ‘A’ refers to the relevant company, “A’ refers to the Defendant. Article 1(Purpose of the Contract) and “A” of the Agreement on the Use of Parking Facilities entered into on January 22, 2016. The purpose of this Agreement is to provide for matters necessary for the use of parking facilities installed in the object of the entrusted contract.

Article 2 (Rights Relations and Purposes)

1. All rights of parking facilities are against A, and Eul may not claim against A any expenses incurred in the operation of parking rooms.

2. Where it is necessary to maintain parking facilities, Eul shall promptly obtain approval from Gap, maintain them at his / her responsibilities and expenses, and shall not claim expenses incurred therein from Gap.

Article 5 (Fees for Parking Facilities and Method of Payment)

1. A deposit for the use of parking facilities of Eul shall be paid KRW 100 million to Gap;

2. Eul shall pay 45 million won per month for parking facilities usage fees (excluding surtax) to Gap on the 10th day of each month.

Article 8 (Termination of Contract) In any of the following cases, A shall terminate this Agreement:

1. Where he/she fails to pay charges for the use of parking facilities that he/she shall pay pursuant to Article 5 once;

2. Where he/she has re-entrusted any third person with a part of his/her parking facilities or altered possession thereof.

3. Where Eul damages or alters the current state of parking facilities, or installs facilities or accessories thereof without the approval of Gap.

4. Where some of parking facilities are used for a purpose other than parking lots.

5. Where an entrustment contract for real estate management with A and B is terminated;

6. Where he/she neglects his/her duties provided for in this contract.

B. The defendant is against the plaintiff and related company.

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