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(영문) 서울중앙지방법원 2016.03.25 2015가단5076533
구상금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 110,780,086 and its payment from December 1, 2015.

Reasons

1. Determination on the main claim

A. 1) On August 20, 1980, Seoul Qro (former Seoul subway Construction) concluded an agreement on the construction work of the subway lines 3 subway lines in the Plaintiff and C with respect to the construction work of the subway lines 3 subway lines in the Plaintiff and C.

The main contents of this Convention are as follows:

Article 3 (Method of Execution of Construction Works) The construction work shall be implemented by the Seoul metro, and the plaintiff shall pay the amount under Article 5 to the Seoul metro. Article 5 (Construction Costs) The plaintiff shall pay the amount equivalent to 42% of the construction cost according to the scheduled ratio of the construction cost to the Western Building Co., Ltd. and the plaintiff's building on the same side at the time of this agreement.

Article 8 (Reversion of Ownership) The ownership of subway stations and all facilities constructed under this Convention shall naturally belong to the Seoul Metropolitan Government.

Article 9 (Use of Facilities) The subway stations and their ancillary facilities constructed in accordance with this Convention shall be free of charge by the Seoul Metropolitan Government, as prescribed by the Seoul Metropolitan Government Agreement on the Entrustment of the Construction and Operation of subway 34 Lines.

However, underground first-class stores have the right to free use of distribution by the plaintiff according to the ratio of construction cost.

B) On March 16, 1987, Seoul Qro and the Plaintiff entered into a contract for the use and management of the subway station. The main contents of the contract are as follows. Article 1 (Subject Matter of Use) The Plaintiff shall use the first underground floor of the subway station in the subway station A in proportion to the cost-bearing ratio as stipulated in Article 9 of the Convention on Construction Works in the subway Station A. The period of use of the Plaintiff shall be 20 years first, the period of use of the Plaintiff shall be 20 years first, the consultation is adjusted in accordance with the relevant statutes, and the date of use of the store shall be counted from the date of use of the store. Article 6 (Name) 1) The Plaintiff shall also inform the Plaintiff when the period

2) On May 22, 1985, the Plaintiff entered into a commercial building management contract and occupied the Defendant’s management office.

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