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(영문) 대전지방법원 2016.06.23 2014가단47839
사용료
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 20% per annum from April 11, 2012 to the day of complete payment.

Reasons

1. Basic facts

A. On November 25, 2011, the Plaintiff entered into a provisional construction lease agreement with C as follows with respect to the construction of the E-Ba on the ground of 1,208m2 (hereinafter “instant land”).

(hereinafter referred to as the “instant contract”). The lessor’s lessee’s rental fee of KRW 60,870,000 for the Plaintiff’s on-site agent C shall be paid 50% within 14 days after the completion of the structural frame of the third floor, and 50% shall be paid in cash within March 30.

From December 1, 2011 to March 10, 2012, the rental fee under Article 3 (Rents) of the General Conditions of the Rental Contract shall be paid monthly on the settlement date agreed by the Plaintiff on the basis of the date on which the delivery certificate issued by the Plaintiff is entered.

(Provided, That if the date of the lease payment exceeds 10 days under the terms of cash settlement, the payment shall be made by applying interest rate of 20% per annum to the Plaintiff until the completion of the payment).

B. The name of the owner of the instant loan was reported to C on November 23, 201, and was changed to the Defendant on March 6, 2012.

C. The instant land was originally owned by C, but registration of ownership transfer was made in the name of the Defendant on February 24, 2012. D.

The Plaintiff’s representative director H paid KRW 20,000,000 on April 2, 2012, and ② KRW 5,000,000 on April 23, 2012, and KRW 25,00,000,00 in total.

E. On July 30, 2012, the Plaintiff filed a claim with the Defendant for KRW 40,128,000 and value-added tax KRW 44,00,000 including the total amount of KRW 4,128,000 and the total amount of KRW 44,00,000,000, as indicated in the attached Table, as well as the total amount of KRW 4,128,00,00,000, on October 25, 2012.

F. Around June 2012, the instant loan was completed and the registration of ownership preservation was completed in the name of the Defendant on June 29, 2012.

[Ground of Recognition] Unsatisfy, Gap 1 to 3, and 6.

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