(영문) 수원지방법원 2017.09.22 2015가합63391

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(영문) 수원지방법원 2017.09.22 2015가합63391

손해배상금 청구의 소

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1. The Defendant’s KRW 83,840,848 as well as the Plaintiff’s annual rate of 5% from May 16, 2015 to September 22, 2017.

Reasons

1. Basic facts

A. On June 24, 2008, the Plaintiff entered into a parking lot lease agreement with the Defendant and the Plaintiff to lease each real estate listed in the separate sheet owned by the Plaintiff, and accordingly, the Defendant first paid the monthly rent of five months to the Plaintiff. Article 4 (Period of Lease) (1) The instant contract is from July 1, 2008 to June 30, 201. Article 5 (1) (1) The monthly rent is KRW 21,400,00, and the value-added tax is separate. (2) The Defendant shall pay the Plaintiff the monthly rent of five months (107,000,000,000,000,000) after entering into the contract: Provided, That the rent for five months (107,000,000,0000,0000,0000) for five months prior to the expiration of the contract is replaced by the advance payment rent for the five months prior to the expiration of the contract.

C. (Offer of Security) The Plaintiff shall set up a right to collateral with a maximum debt amount of KRW 155,00,000 on the mutually agreed real estate as a security for the portion of rent paid in advance for five months.

Article 7 (Rents and Other Expenses in Arrears) If the defendant fails to pay the rent and other expenses by the payment deadline, the defendant shall pay the plaintiff the amount calculated by adding an annual interest rate of 24% to the amount in arrears during the period in arrears.

Article 9 (Investment in Facilities with Main Loan System) (1) All equipment with Main Loan System shall be invested by the defendant.

(2) Execution of construction works related to the installation of control equipment shall be conducted at the Defendant’s responsibility and cost after consultation with the Plaintiff.

Provided, That the place where the control equipment is installed shall be installed at the existing location as of the date of conclusion of the contract, and the plaintiff shall actively cooperate with it.

(3) The control equipment installed prior to the conclusion of this contract shall be bound by the Plaintiff’s responsibilities and costs.

(4) Upon termination of the contract upon termination, all the equipment is removed at the Defendant’s expense and responsibility and the transfer of the contract.

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