beta
(영문) 서울중앙지방법원 2017.06.28 2016가합550535

건물명도

Text

1. The Defendant’s KRW 7,531,00 and the Plaintiff’s annual rate of KRW 6% from September 2, 2016 to June 28, 2017.

Reasons

1. Basic facts

A. (1) On September 5, 2014, the Plaintiff entered into the instant contract with the Defendant, and the Defendant, from September 19, 2014 to June 30, 2016, the part of the real estate (hereinafter “instant store”) for which the claim No. 1 of the purport of the claim No. 1 of the Seocho-gu Seoul Metropolitan Government Building C (attached Table 1 List 5) managed by the Plaintiff is located within the Seocho-gu Seoul Metropolitan Government Building C (Attached Table 1 List 5)

(D) The instant contract is the sales commission contract under which sales of D products and the Plaintiff shall pay 13% of the gross sales to the Plaintiff as sales commission (hereinafter “instant contract”).

A) A. The Defendant entered into the instant sales contract and delivered the instant sales store to the Defendant. The payment of the Defendant’s sales commission to the Plaintiff was made in the manner that the Plaintiff fully reverted to the Plaintiff, and the sales commission was paid to the Defendant on the 25th day of the following month after deducting the sales commission from the sales commission. The main contents of the instant contract, including this, are as follows. Article 1 [contract Relations] ① This contract is as set forth in Article 1 [Plaintiffs,

b)B (the defendant, hereinafter the same shall apply) at the store of the C Building under its management;

2) Article 2 (Right to Use Sales Sales and Type of Business) (1) A has the right to possess and use a contract store as a delivery company during the contract period and shall not hold any other rights except for the type of business and brand business specified in this contract. (2) B shall obtain prior approval from A in cases where it is intended to use all or part of the store for any purpose other than the type of business and brand business specified in this contract and to modify it. Article 3 [1] is owned by B until the sale to the final consumer is made; and