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(영문) 인천지방법원 2018.10.17 2017가단251631
사용료
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 6,750,000 to the Plaintiff (Counterclaim Defendant) and its related amount from August 18, 2017 to October 17, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is an autonomous organization composed of the representatives of occupants of Seo-gu Incheon Metropolitan Government A apartment complex (hereinafter “instant apartment complex”), and Non-Party Ratesan Development Co., Ltd. (hereinafter “Ratesan Development”) entrusted the management of the instant apartment complex by the Plaintiff on July 4, 2014 and appointed the non-party C as the managing director.

B. On August 13, 2014, C entered into a direct trade market operation contract (hereinafter “instant contract”) with the Defendant on August 27, 2014, between August 27, 2014 and August 26, 2016, every week between the Defendant and the managing body delegated by the Plaintiff and the Defendant, with the content that the Defendant may open and operate a market by sunrise (hereinafter “instant contract”). The details of the relevant contract are as follows.

The Defendant provided the Plaintiff with KRW 100,300,00 in return for the establishment of the Altitude Market according to the instant contract, and operated the apartment complex once a week within the apartment complex.

A apartment is referred to as "A" in establishing a trading place by sunrise in the apartment of the direct trade place operation contract, and the direct trade place (main) B refers to "B", and "A" and "B" shall enter into a contract with "B" and implement it in good faith as follows:

Article 3 (Term of Contract) The term of contract under Article 3 (Term of Contract) shall be from August 27, 2014 to August 26, 2016.

Article 4 (Opening Day) Direct Trade Places shall be opened once a week, and shall be opened on every week's demand.

- The winter machines: From 10:00 a.m. to 21:00 a.m., - The winter machines shall be opened from 10:0 a.m. to 21:00 a.m.

Provided, That it may be adjusted under consultation.

Article 5 (Amount) The amount for the establishment of a direct trade store shall be KRW 100,300,000, and it shall be paid in installments to the cadastral account.

Contract deposit: 10,000,000 won (time of a contract): The balance of 50,000,000 won ( August 25, 2014): 40,300,000 won ( December 1, 2014): The account number: Article 6 (Place of Depositer's Council) of D (the residents' representative council) shall be the voting place designated by management entity A and B.

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