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(영문) 서울중앙지방법원 2016.12.02 2014가합517893
물품대금
Text

1. The plaintiff's lawsuit against the defendant B is dismissed.

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

3...

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of the business of processing recyclable materials.

The defendant company is a company established for the purpose of waste recycling material processing business, etc., and the defendant C is a substantial operator of the defendant company.

B. On June 23, 2012, the Plaintiff concluded a contract from Defendant C to lease all the land, E, F, G land (hereinafter referred to as “instant leased land”) and all the facilities (hereinafter “instant lease contract”).

The relevant contents of this case are as follows.

1. Object of lease: All of the leased land and facilities in this case;

2. The Plaintiff shall pay 50 million won to Defendant C as a security deposit during the contract period, and the Defendant C shall promptly refund the said money to the Plaintiff upon the expiration of the contract period.

5. Repair, such as a restaurant, office, container (employee accommodation), shall be borne by the Plaintiff.

(Provided, That the expenses incurred in relation to the repair of a boat, a valley, a compressor, and a roof shall be covered by the expenses)

6. (1) Two years (1) (from July 1, 2012 to June 30, 2014) (2) The period of contract shall be extended to the development that the Plaintiff wishes.

8. From July 2012 to December 2012, the Plaintiff paid monthly rent of KRW 10 million per month and KRW 13 million per month following the sale to Defendant C, based on the monthly rent of KRW 13 million.

(2) In principle, the remaining KRW 75 million out of the agreed 135 million, including the rent of the above month, shall be paid in installments when the net profit, excluding the Plaintiff’s business expenses, exceeds KRW 30 million after the tax.

(3) From 2013 to the expiration of the contract period, 50% of the net income after taxation, excluding the Plaintiff’s monthly expenses, shall be paid preferentially to Defendant C.

(4) The standard amount to be paid by the Plaintiff to Defendant C is as follows.

1) On July 2012: 20 million won: 20 million won: September 2012, 2012: KRW 20 million: KRW 40 million: October 1, 2012: KRW 50 million: KRW 30 million: December 12, 2012:

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