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(영문) 서울중앙지방법원 2015.10.30 2015가합520520

점포명도 등 청구의 소

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The Defendant and the Plaintiff (Counterclaim Plaintiff) jointly do with the Plaintiff (Counterclaim Defendant) store in attached Form 1.

Reasons

Basic Facts

The plaintiff is a corporation established pursuant to the Local Public Enterprises Act and the Ordinance on the Establishment and Operation of Seoul Metro, in order to engage in the business of the construction, operation, etc. of subway in Seoul Special Metropolitan City, and the defendant's book is a corporation that runs the business of selling books (as referred to in subparagraph 1) and the defendant's book is a corporation that runs the business of malicious yarns, wallmarks, shoess, shoes, cosmetics, and wholesale and retail business (as referred to in subparagraph 1 of this paragraph).

(A) On January 6, 2014, the Plaintiff entered into a lease agreement, joint operation agreement, and the Plaintiff entered into a lease agreement on the establishment and operation of an island store in the subway station (hereinafter “instant lease agreement”) with the Defendant consignor’s book (hereinafter “the leased object”). The main contents of the lease agreement are as follows.

(A) A. Contract amount of a lease contract for operating convenience facilities in the station: 3,210,00,000 won: Deposit for removal of KRW 642,00,000: Contract amount of KRW 500,000 per unit of KRW 25,000: The contract period of calculation of KRW 500,000 per unit of KRW 25,000: The lease of the island sales store under Article 2 (Lease Property) of the General Conditions of the Lease Contract from January 6, 2014 to April 5, 2019.

- Rental Place: 41 stations, 50 units, area of 300.0 square meters or less (within 6.0 square meters per vehicle): 400 cm wide, vertical (breadth) 150 cm high, and no more than 250 cm high - Handling Goods: Books (including magazines, such as monthly and monthly newspapers), phrases, and books - Operation Method related to books: Article 4 (Rent for Entrustment) of the direct operation (hereinafter referred to as "entrusted operation") (1) of the rent shall be paid monthly, and one half of the contract amount shall be paid by the last day of each month.

(2) The rent for less than a month shall be calculated on a monthly basis, and the same shall also apply to termination of a contract before the term of the lease expires.

(3) A lessee shall pay a rent even if he/she fails to manage the leased object during the term of the contract.

Article 7 (Deposit) (1) A lessee shall be a contract bond.

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