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(영문) 의정부지방법원 2017.05.25 2016나58103

사용수수료 등

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

Basic Facts

-Indication of the subject matter of use: The area of the subject matter of use, which is part of the first floor (excluding the manufacturing place) of the Yongsan-gu, Yongsan-gu, Busan Metropolitan City (hereinafter referred to as the “instant store”): The area of the subject matter of use: 115.70 square meters (35 square meters) at coffee shop: the fee operating contract period: from February 10, 2016 to February 9, 2018; the deposit shall be deferred by agreement between the plaintiff and the defendant.

Provided, That even during the contract period, the security deposit may be determined as necessary by the plaintiff.

- Monthly Fees (Additional Dues): 2,00,000 won per month as fees for store use (excluding value-added tax): Business type: Article 1 (Fee Contract) of the Resting Business Act provides that the plaintiff shall use and make profits from the above fees, and the defendant shall pay the incidental plaintiff's fees for the subject matter and operate it during the contract period in accordance with the Rules of the plaintiff and this Agreement.

Article 2 (Right to Use Object) (1) In operating the fee for the leased object under Article 1, the defendant may use and benefit from the leased object from the time when the monthly fee agreed between both parties has been paid in advance to the plaintiff.

(2) No defendant shall hold any right to the subject matter of this lease other than the right to operate (no premium) that he/she occupies or uses during the lease period as a lessee.

In addition, the plaintiff can terminate the contract at any time when there is concern about damage, such as the damage caused by the defendant's fault (payment of fees, management fees, etc.) and the damage caused by the plaintiff's company and brand image.

(3) All facilities, furnitures and fixtures shall be owned by the plaintiff, and the defendant shall restore them to their original state when the contract expires after being used during the operation period.

Article 6 (Calculation of Monthly Fees) (1) Monthly fees shall be the amount indicated above.

2. Monthly fees under this Agreement shall be counted from the commencement date of the business contracted by the plaintiff and the defendant.

Provided, That the same shall not apply where the business which was agreed upon by the defendant is not operated from the commencement date of business.

(3)