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(영문) 서울북부지방법원 2018.10.18 2017가합25943
약정금
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 60,931,702 and also the Plaintiff (Counterclaim Defendant).

Reasons

Basic Facts

Attached Form

Real estate in the list is owned by the plaintiff and the defendant, respectively, 23.137% shares, and C. 53.726% shares.

Article 4 (Rent) (1) Monthly rent shall be determined as KRW 7,850,100 (excluding value-added tax), and “B” shall pay the amount of the tax invoice issued at the beginning of each month according to the respective shares of “A” by the last day of each month as the designated deposit account for the last day of each month.

(2) If the payment is delayed from the date of the payment of the rent, “A” shall apply the overdue interest rate of 2% per month from the date on which the payment period expires to “B” and apply the overdue interest rate of 2% of the rent to “B”, and “B” shall pay it to “A”.

Article 5 (Management and Maintenance Expenses) (1) The term "B" shall separately pay the expenses (such as the public electricity charges, water supply and drainage charges, cleaning charges, cleaning expenses, consumption expenses, and other expenses necessary for the management and maintenance of the building) required for the maintenance of the building.

(2) The expenses for the management and maintenance under the preceding paragraph shall be KRW 3,047,440 per month (excluding value-added tax), and “B” shall pay the expenses for the management and maintenance of the current month within the period determined by the method prescribed in Article 4(1). If “B fails to pay the management expenses by the said date,” the late payment charges applying the overdue interest rate of 2% per month shall be paid in addition to the delinquent management expenses.

(3) “B” shall pay to “A” the cost of maintaining and maintaining the basic building, other than the cost of maintaining the building, which is added separately, due to the need of “B”, according to the method separately computed by “A”.

(4) The calculation, arrears, etc. of the management expenses shall be governed by Article 4(2), (3), and (4) of the lease agreement.

On November 22, 2010, the Plaintiff, the Defendant, and C have a total of 412.8 square meters (hereinafter “instant building”) among the real estate listed in the separate sheet between the Plaintiff, the Defendant, and the Plaintiff on November 22, 2010 with D (mutually Co., Ltd., Ltd. before the change; hereinafter “D”).

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