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(영문) 서울동부지방법원 2013.07.26 2012가합6095
임대료 등
Text

1. Defendant B shall pay to the Plaintiff KRW 754,274,069.

2. The plaintiff's claim against the defendant C is dismissed.

3...

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1 to 5, Gap evidence No. 14, Eul evidence No. 8, 16, 23, and 27 and the whole purport of the arguments.

The plaintiff is a company entrusted with the management of the building by the E management body comprised of sectional owners of the building in Songpa-gu Seoul Metropolitan Government.

B. On February 24, 2010, Defendant B entered into a lease agreement with the Plaintiff on each of the parts listed in paragraphs (1) through (4) of the list of real estate attached hereto (hereinafter “instant one-story real estate”) (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”);

3. Indication and use of goods: Cultural and assembly facilities;

4. Article 5 (Lease Deposit and Rent) (6) of the terms and conditions of Chapter II (Lease Deposit and Rent) for ten years under Article 5 (8) of the term of lease of rental deposit, monthly rent, and monthly rent for rental deposit of KRW 50 million,000,000,000,000,000 from the date of commencement of the business, and Article 5 (8) shall apply to the monthly rent of KRW 40,000,000,000 from the date of commencement of the business; however, until October 20

Chapter 5. Amendment, Termination, and Specification Article 26 (Termination upon Violation of the Contract) (2) Where any of the following grounds arises, "A" may terminate this Agreement:

3. Where he/she fails to pay any balance (including a rental deposit increased pursuant to Article 5 (3) by the payment deadline or fails to pay a rent for at least three months;

4. Where management expenses (public charges) are overdue for at least two months, Article 29 (Value-Added Tax and Overdue Charges) of the Addenda 6 (Value-Added Tax and Overdue Charges) (2) If “B” fails to pay the fees to “A” within the period fixed by “A” under this lease agreement, the late payment shall be made by adding the overdue interest rate determined “A” to the overdue interest rate calculated by applying the average overdue interest rate of the household loan funds of general City and Central Bank (excluding local banks).

In such cases, the overdue interest rate shall be applied.

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