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(영문) 서울고등법원 2019.07.24 2019나2010222

점포 인도 등 청구

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1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

Basic Facts

On February 2, 2012, the Plaintiff and the Defendant concluded a lease contract with respect to the contract amount of 32 square meters (hereinafter referred to as “second store”) and the commercial number of 32 square meters (hereinafter referred to as “second store”) falling under the contract amount of 723,132,00,000, rental deposit money, 216,939,60, 12,052, 12, 2052, 200, 201, 200, and 12, 2010, 2012, 201, which are real estate listed in the attached Table 1 list from among real estate listed in the attached Table 1 list, including the conclusion of the lease contract with the Plaintiff and the Defendant (hereinafter referred to as “Plaintiff”). < Amended by Presidential Decree No. 23448, Feb. 61, 2012>

On July 30, 2012, the Plaintiff and the Defendant respectively changed the contract amount of the said lease to KRW 681,480,516, the lease deposit to KRW 204,44,162, and the rent to KRW 11,358,009 each month (i.e., monthly rent for KRW 8,161,384, the rent for KRW 2 store).

(2) Article 2 of the General Conditions of the Lease Contract (hereinafter “instant lease contract”). The main contents of the instant lease contract are as follows: The monthly rent calculated and paid for two locations of subway Nos. 4 and Em. 113.7mm. ( underground floors): The monthly rent shall be imposed regardless of the Defendant’s commencement of business (including additional tax) from the following day after the end of the period required for development (such as the disposal of the leased object), and the total contract amount shall be calculated by dividing the total contract amount by the number of months per the total contract period (including additional tax) and shall be paid in the bank account designated by the Plaintiff by the end of the relevant month.

Article 9 (1) The defendant shall pay a rental deposit equivalent to the 18-month portion of the monthly rent under Article 6 as cash or performance guarantee insurance policy at the time of concluding a contract.

(2) Lease deposit shall be made.