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(영문) 대구지방법원 2016.12.09 2014가합201487
양수금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 60,726,186 to the Plaintiff (Counterclaim Defendant) and its related amount from February 11, 2014 to December 9, 2016.

Reasons

1. Facts of recognition;

A. On June 14, 2013, the Defendant: (a) entered into a real estate lease agreement with the Plaintiff on the following terms: (b) around June 14, 2013, the Defendant agreed to lease the entire 1 to 5th floor (excluding a restaurant, E company, management office, and excluding a management office; hereinafter “the subject matter of this case”) of the building on the Daegu Suwon-gu and two parcels of land; (c) around that time, the lessee transferred the subject matter of this case to the lessee company; and (d) received KRW 300,000,000 from the lessee company.

(hereinafter “instant lease agreement”). Real estate lease agreement

1. Location: The entire 1-5 floors (excluding a cafeteria, E company, and management room) for lease of reinforced concrete tanks ( neighboring living facilities and business facilities): 1-5 floors (excluding a D cafeteria, E company, and management room);

2. Deposit for deposit: 24,200,000 won (including value-added tax), management expenses, 3,300,000 won per month, and Article 2 (Period of 14th day payment per month: Article 3 (Change of Use, Sub-lease, etc.) of the Act shall not change the use or structure of the said real estate or use it for any purpose other than the purpose of lease without the consent of the lessor, nor use it for any purpose other than the purpose of lease.

Article 4 (Termination of Contract) If the lessee has failed to pay rent and management expenses more than twice continuously, or if the lessee violates Article 3, the lessor may terminate the contract without delay.

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or damages are paid, he/she shall remove it and refund the balance.

Article 7 (Non-performance of Obligations and Compensation for Damages) If a lessor or lessee has defaulted on the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.

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