보증금반환등
1. The part concerning the principal lawsuit in the judgment of the first instance shall be revoked;
The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.
2...
1. The following facts are acknowledged, either in dispute between the parties or in full view of Gap's evidence 1 to 5, Gap's evidence 9, 10, Eul's evidence 3 (including each number; hereinafter the same shall apply), and witness G's testimony of the first instance court, as a whole, as a whole.
[1] The defendant entered into a contract with C, D, and E for the lease of the third floor building on the F, third floor at the time of their joint possession, and operated the restaurant on the second floor.
On January 31, 2016, the Plaintiff, a company engaged in the business of selling clothing, entered into a contract with the Defendant to use the second floor area (273 square meters; hereinafter “the second floor area of this case”) of the above building as a clothing store (hereinafter “the preceding agreement”).
Article 2 [Right to Use Lease Property] Article 2 (Right to Use Lease Property) "B (the plaintiff refers to the plaintiff; hereinafter the same shall apply)" may not use the leased object for any other type of business than the designated type of business specified in this lease agreement.
“B” has the right to possess and use the leased object as a lessee.
Article 3 [Term of Lease] This Agreement shall enter into force on the date of conclusion of the contract, and the term of lease for leased objects shall be four years.
Provided, That the fees, etc. may be adjusted and extended every two years under mutual agreement.
The lease period: Article 4 / From February 1, 2016 to January 31, 2020, the lease deposit to be paid to “A” (the defendant refers to the defendant; hereinafter the same shall apply) is the daily amount of KRW 100,000 (the daily amount of KRW 100,000,000).
A rental deposit shall be paid 10% at the time of conclusion of a contract, and 90% at the beginning date of the main construction of the interior project.
“B” shall be paid to “A” a daily amount of KRW 100,000 (excluding KRW 100,000,000, and value-added tax) of the facility fee.
Article 5 [Rent] Total sales of monthly sales commission of less than KRW 14 billion (minimum amount of guarantee) of less than KRW 200 million but less than KRW 7 billion of total sales of at least KRW 500 million but less than KRW 600 million of total sales of less than KRW 8 percent of total sales of less than KRW 600 million.