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1. The defendant shall be the plaintiff.
A. The number of real estate listed in the separate sheet Nos. 1, 2, 3 and 5.
Reasons
1. Facts of recognition;
A. On June 30, 2014, the Plaintiff entered into an agreement on the consignment of management and operation with the period specified in the separate sheet owned by Daegu Metropolitan City and Daegu Metropolitan City as of December 31, 2017.
B. On December 29, 2015, the Plaintiff concluded a contract with the Defendant for permission to use and benefit from public property (including value-added tax) (hereinafter “instant contract”) with regard to the portion (A) size of 51.53 square meters in the ship connected in sequence of each point of the Defendant’s and the 1st floor of the real estate listed in the separate sheet among the 1st floor of the real estate listed in the separate sheet (hereinafter “instant building”) within a fixed period from January 1, 2016 to December 31, 2017, with regard to the period from January 1, 2016 to December 31, 2017.
C. On August 19, 2016, the Defendant failed to pay user fees, etc. while operating convenience points in the instant building. As of August 19, 2016, the Defendant’s arrears amounting to KRW 9,409,148, and KRW 238,139, management fees, and KRW 7,985,889, totaling KRW 17,63,176.
On August 3, 2016, the Plaintiff requested the Defendant to terminate the instant contract and restore it to its original state as of April 19, 2016 on the grounds of default on usage fees and management expenses, and the Defendant submitted a “report on the repayment of remaining usage fees”, requested the extension of termination of the instant contract and the granting of installment payments, etc. The Plaintiff accepted the Defendant’s request, but the Defendant was an undertaking under the said report.
6. Until June 30, the amount of six-month installments was not paid.
[] In addition, on August 19, 2016, the parties indicated their intention to terminate the instant contract as of August 19, 2016 on the grounds of the details of delinquency in payment described in the foregoing paragraph (c).
2. The assertion and judgment
A. According to the above facts, the instant contract was terminated as the Defendant’s delinquency in payment of the user fee, barring special circumstances, the Defendant delivered the instant building to the Plaintiff, and the amount equivalent to the user fee from August 20, 2016 to the completion date of delivery of the instant building, i.e., the fee from August 20, 2016 to the date of delivery of the instant building.