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(영문) 창원지방법원 2015.08.19 2014가합6152

건물명도

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1. The Plaintiff (Counterclaim Defendant) paid KRW 86,943,890 to the Defendant (Counterclaim Plaintiff) and its amount from October 29, 2014 to August 19, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On June 18, 2008, the Plaintiff entered into a lease agreement with the Defendant, setting the lease term as to the instant store located on the third underground floor of a 122 oppy hotel (hereinafter “the instant hotel”) located in the Changwon-si, Changwon-si, which is owned by the Defendant, for five years from the starting date of business, lease deposit amounting to KRW 200 million, monthly rent amounting to the Defendant’s monthly sales multiplied by the agreed fee rate, management fee amounting to KRW 2180,00,000, value added tax, and electricity tax, respectively.

(hereinafter “The instant lease agreement”). The Plaintiff and the Defendant determined the rental fee rate as 15% of the net sales, and determined that it would be 13% of the net sales from the date of commencement of the business to the date of the first year, and from the third year to the date of the first year, the Plaintiff received the full deposit amount from the Defendant, and delivered the instant store to the Defendant.

B. On October 1, 2010, the Plaintiff and the Defendant entered into a contract with the content that the terms of the instant lease agreement change the lease deposit, monthly rent, and management expenses as follows. On September 1, 2011, the Plaintiff and the Defendant made oral agreements to maintain the said agreement from September 1, 201 to August 31, 2012.

The plaintiff and the defendant conclude the lease modification contract as follows:

1. Title of contract: Futureweing lease contract;

2. Contract term: From September 1, 2010 to August 31, 2011 (1 year);

3. Contract deposit: 140 million won.

4. Fees: 3.6 million won (excluding surtax);

5. Management costs: 2.8 million won (excluding surtax) in the conclusion of the above contract, the lease related to this contract is a contract for claiming a down payment, commission, and management costs as part of the previous contract.

Details of the terms and conditions not related to this Agreement shall be subject to the previous agreement.

(Lease Fees shall be consulted on a yearly basis).

The defendant did not pay rent and management expenses from June 2012. D.

2.3.