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(영문) 서울고등법원 2016.03.16 2015나2040003

부당이득금

Text

1. Of the part concerning the counterclaim in the judgment of the court of first instance, the following amount constitutes the Defendant-Counterclaim Plaintiff.

Reasons

1. Under Article 2 (B) (1) (hereinafter referred to as the "Plaintiff"): He/she shall not engage in any act of impairing the credibility and dignity of his/her store (hereinafter referred to as the "sale, etc.") different from that of his/her brand, use, or type of business, or item to be handled under paragraph (1) of the contract (referred to as the " brand: each brand: sports facility, type of business: sports facility, type of business: ice listing) or any act of impairing the credibility and dignity of his/her store (referred to as the "sale, etc. of goods manufactured under a well-known trademark");

Article 9 (Time of Monthly Rent and Time) (2) The first monthly rent shall be calculated based on the period from the end of the designated period for the occupancy to the day before the end of the monthly rent, but if the period falls short of one month, it shall be calculated.

From the next month, the monthly rent shall be calculated from the payment date of the monthly rent to the day preceding the payment date of the monthly rent of the following month as one month.

Where the lease period expires on a day other than the monthly rent payment date, the monthly rent for the last month shall be calculated on a daily basis.

(3) A monthly rent shall be paid to A even if he/she fails to actually use or make profits from any leased object during the lease period.

However, the same shall not apply to cases where Eul has failed to use or make profits from the leased object due to a cause attributable to Gap, and in such cases, Gap shall not be held liable for any damage to Gap unless the Gap intentionally prevents Eul from using or making profits from the leased object.

Article 10 (Monthly Management Expenses, etc.) (1) Management expenses shall be governed by the management rules referred to in Article 37, and the matters to be modified shall be notified to B in an appropriate manner.

(2) The management expenses to be borne by Eul shall be calculated including the exclusive section inside the leased object and the section for common use jointly used with other lessees, and the calculation of such amount shall be governed by the management rules.

In such cases, value-added tax shall be separately paid.

(3) Article 9 (2) and (3) shall apply to monthly management expenses.