건물명도 등
1. The judgment of the court of first instance, including the Defendant-Counterclaim Claim filed in the trial, is as follows.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. At the time of August 28, 2012, the Plaintiff entered into a franchise agreement with F franchisor and Franchising store (hereinafter “instant franchise store”) with the term of contract until August 28, 2014 with respect to the operation of Franchising store in the instant store owned by the Plaintiff under the name of F franchisor and Franchising store (E, the representative director of the Plaintiff) that was the Plaintiff’s representative director.
On September 24, 2012, the Plaintiff registered the instant franchise store under the name of the head of the Dong Office Tax Office, and thereafter operated the instant franchise store.
B. On April 20, 2013, the Defendant acquired the instant franchise store from the Plaintiff to operate the said franchise store, and concluded a lease contract with the Plaintiff on the instant store. The main contents thereof are as follows.
(A) “Lease” means: (a) the Plaintiff; (b) the “Lessee”; and (c) the “Lessee” means the Defendant; (d) Article 1(1) of the Terms and Conditions of the Commercial Building Lease Contract; (b) the deposit: (c) KRW 20 million: (d) the contract date and KRW 10 million (payment of KRW 10 million up to May 30, 2013): - The lessor shall deliver the said real estate to the lessee by June 30, 2013 in a condition that the said real estate can be used as an object of the lease; and (c) the lease period shall expire on June 30, 2015. < Amended by Presidential Decree No. 26374, Jun. 30, 2015>
Article 4 (Termination of Contract) If the lessee's overdue interest in the rent falls short of two terms, or violates Article 3, the lessor may terminate the contract without delay.
Matters of special agreement
2. Monthly rent shall be an additional tax rate, and the lessee shall deposit monthly rent into the account of the lessor in advance on the first day of each month; and
4. The amount of premium and facility gold shall be KRW 120 million, and it shall be paid in three installments.
(First Payment: 30 million won on the cafeteria open date, second payment: 30 million won on December 30, 2013, and third payment: 60 million won on April 30, 2014: Provided, That the lessee shall pay the lessor the interest of 1% per month.
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