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The Defendant’s KRW 202,987,350 among the Plaintiff and KRW 86,63,860 among the Plaintiff, shall be from March 1, 2018, and KRW 116,323,490.
Reasons
The term of contract for entrustment under Article 2 (Period of Entrustment) of the conclusion of an entrustment contract for buildings listed in the attached Table between the Plaintiff and Geumsan-gun shall be five years from June 17, 2014 to June 16, 2019, which is the date of commencement of use of public property.
Article 4 (User Fee) User Fees shall be KRW 259,977,00 per annum (Separate Payment and Value-Added Tax).
Article 5 (Conclusion of Contract and Payment for Price) (1) B (hereinafter referred to as "Plaintiff") shall pay an amount equivalent to at least 10/100 of the total amount of usage fees (142,987,350 won of contract performance guarantee) for five years before the date of commencement of use as contract performance guarantee before the date of commencement of use as contract performance guarantee.
(2) In paying user fees each year, the Plaintiff shall pay annual user fees within a designated deadline in accordance with a payment notice issued by the Geum-gun, and the user fees of the first year shall be paid within 30 days from the first day of use, and Article 35 of the Ordinance on the Management of Public Property in the Geum-gun shall apply where he/she intends to pay in installments, and 30 days from the second year after the first day of use each year.
(3) When the Plaintiff fails to pay the fees by the designated deadline, if he/she collects late payment charges pursuant to Article 80 of the Public Property and Commodity Management Act and Article 80 of the Enforcement Decree of the same Act, and fails to pay late payment charges by the due date, he/she shall collect delinquent charges pursuant to Article 97 (2) of the same Act in accordance with the provisions on disposition on local taxes in arrears
Article 16 (Cancellation of Permission for Use and Termination of Contract) (1) In cases where the plaintiff falls under any of the following subparagraphs, the Geumsan Gun may cancel the permission for use of all or part of the property permitted at any time:
2. When the Plaintiff violated the terms and conditions of the license and the terms and conditions of the contract or neglected the operation and management thereof, the Plaintiff (permission for a prior business) shall sublet it to a third party to the extent not contrary to this contract.