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(영문) 광주지방법원 2019.04.03 2018가단534322
사용료
Text

1. The defendant shall pay to the plaintiff KRW 46,157,096 and KRW 287,096 among them, from March 31, 2018, and KRW 16,212,904.

Reasons

Basic Facts

On May 22, 2015, the Plaintiff entered into a contract with the Defendant for the use of the parking lot in Gwangju-gu (hereinafter “instant parking lot”) with the content that: (a) the period of use from May 20, 2015 to May 20, 2016; (b) the deposit amount of KRW 5,000,000; and (c) monthly user fee of KRW 2,00,000 (value-Added Tax separate); and (d) the Defendant used the instant parking lot as the “E” parking lot operated by the Defendant (hereinafter “Defendant car page”). From July 20, 2016 to July 19, 2017, the Plaintiff concluded a written request with the Defendant to extend the period of use of the instant parking lot from July 20, 2017 to July 20, 200 to KRW 30,000; and (d) the Defendant’s written request to use the parking lot (hereinafter “the contract”).

Article 34(3) of the Act provides that "The plaintiff may terminate the parking lot use contract when the defendant fails to pay the user fee for at least one month during the implementation of the contract."

Article 5(1) provides that “The parking location shall be governed by the direction of the Plaintiff.”

Article 4(6) of the same Act provides that “The parking fee for June and July of the same year shall be accepted by the Plaintiff and the Defendant on May 22, 2015,” and Article 4(6) of the first use contract shall be accepted by the Plaintiff and the Defendant on May 22, 2015.” Article 4(1) of the first use contract shall be as above.

Deposit and user fee shall be specified as stated in the paragraph.

The defendant did not pay the user fee to the plaintiff from July 2017.

On August 17, 2017, the Plaintiff: (a) certified the content of “Notice of Termination of Rental Contract” to the Defendant on August 17, 2017, stating that “The Second Use Contract was terminated as of July 19, 2017 (Article 3(3) of the Contract) due to delinquency in payment of rent for two-month period.”

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