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(영문) 부산지방법원 서부지원 2018.12.05 2018가단3197
임대료
Text

1. As to KRW 171,722,200 and KRW 63,469,00 for the Plaintiff, the Defendant shall pay to the Plaintiff the year from January 1, 2018 to April 9, 2018.

Reasons

1. Facts of recognition;

A. On August 23, 2012, the Plaintiff leased the rooftop of the building owned by the Plaintiff and made it possible for C to install and operate solar power generation facilities. The rent is set at KRW 25,00,000 as of the installation capacity and KRW 20 years as of April 30, 2013, and the rent was set at for 20 years from April 30, 2013, and the rent was set at a contract to pay in advance once for the following year (hereinafter “instant lease contract”).

B. According to the instant agreement, in the event C does not pay rent, the payment of rent was made in addition to the overdue charge under Article 80 of the Public Property and Commodity Management Act, and the contents of the said provision are as follows.

The head of a local government under Article 80 (Collection of Overdue Charges) of the Public Property and Commodity Management Act may, where a person liable to pay usage fees, rent, proceeds from sale, exchange rent and indemnity of public property fails to do so by the deadline for payment, collect overdue charges on the amount to be paid (excluding interest where collection is deferred or divided), as prescribed by Presidential Decree.

In such cases, the period of arrears subject to the overdue charge shall not exceed 60 months from the date of payment.

Article 80 (Collection of Overdue Charges) (1) of the Enforcement Decree of the Public Property and Commodity Management Act (1) When the head of a local government collects overdue charges pursuant to Article 80 of the Act, he/she shall attach the overdue charges calculated with the overdue interest rate classified as follows, and issue a payment notice within 15 days from the date of

In such cases, if the notified payment deadline is not paid, a payment notice shall be re-paid within two times, but the last notified payment deadline shall be within three months from the date of the payment notice under the former part, and demand shall be made at least once a year thereafter.

1. Where the period in arrear is less than one month: 12 percent per annum;

2. The period of arrears shall be not less than one month but not less than three months;

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