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(영문) 서울중앙지방법원 2018.05.25 2016가합566028

점포명도 등

Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) KRW 1,369,468,661; and (b) from August 30, 2016 to December 6, 2017.

Reasons

1. Basic facts

A. The name of the Plaintiff was changed due to the merger with the Seoul Metropolitan Government Urban Railroad Corporation on May 31, 201, and accordingly the Plaintiff took over the instant legal proceedings. hereinafter “Plaintiff” is a legal entity that constructs and operates the Seoul subway 1 through 4 lines, and on November 7, 2011, Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and five stores located in the 4 line Ear stations, F Station, G Station, 2 line H stations, 3 line I stations (hereinafter “each store of this case”) with five stores located in the 129 square meters in total (hereinafter “each store of this case”). From November 7, 2011 to December 16, 2014, the lease contract of this case was concluded with the amount of KRW 80,000,000,000,000,000,000,000 won or less (hereinafter “the lease contract of this case”).

Of the general terms of the instant lease agreement, the contents related to the instant case are as follows.

Article 11 (Penalty) (1) Where a contract is rescinded or terminated due to a cause attributable to "B (Lessee; hereinafter the same shall apply)", "A (Lessor; hereinafter the same shall apply)" shall preferentially deduct an amount equivalent to 10% of the amount equivalent to the rental deposit prescribed in Article 10 (after six months from the date of the contract) from the rental deposit as a penalty.

Article 13 (Prohibition of Transfer and Lease) (4) The term "B" shall not be able to sublease or transfer the operation right of the store and provide it as a collateral.

(5) Where a cause referred to in the preceding paragraph occurs without prior written approval of “A”, “A” may unilaterally terminate the contract, and 10% of the security deposit shall revert to “A”.

Article 20 (Compensation for Damages) (5) Where the contract is terminated due to the termination, termination, etc. of the contract, if the damage was incurred to A or a third party due to the delay or refusal of the name of “B”, the “B” shall compensate for the damage.

(6) Paragraph (5).