건물명도
1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 50,000.
1. Facts of recognition;
A. The Plaintiff is a trade union organized by D Co., Ltd. (hereinafter “D”)’s employees belonging to the original plant.
B. On November 17, 2010, the Plaintiff made a lease contract with the Defendant on the part (A) of the underground floor connected each point of the said drawings among the real estate underground floors indicated in attached Table 1, 2, 3, 4, and 1, which are located in the said original plant, with approximately KRW 75 square meters, among the real estate underground floors indicated in attached Table 1, 2, 3, 4, and 2, and 18 square meters of the same drawings among the two real estate floors listed in attached Table 1, 2, 3, 4, and 18 square meters of the building (hereinafter “each of the instant stores”) successively connected each point among the real estate units listed in attached Table 1, 20,000 won, and the lease contract with the Defendant from November 17, 2010 to November 16, 2012 to KRW 250,000 of the monthly rent (including value-added tax, and payment thereof) to each of the instant units (hereinafter “E”).
C. The instant lease agreement includes the following agreements:
Article 5 (Restrictions on Products) The following goods shall be restricted from selling:
3. A product for which the manufacturing and expiration date has passed under Article 8;
3. The defendant shall be liable for not only the discontinuance of transaction but also all accompanying damages when the quality, name, etc. of the goods decided in consultation with the plaintiff intentionally or when there is gross negligence (the deterioration of the goods and the expiration of their distribution period).
Article 11 (Termination of Transactions during Terms of Contracts)
5. In cases falling under Article 5, the reason for termination shall be immediately applicable;
6. If necessary, the plaintiff may verify at any time whether the reported price and the goods are sold normally, and the defendant shall respond at any time to verify by the plaintiff.
In addition, even if an objection is conducted at the time of sale, the defendant cannot raise any objection.
Article 12 (Penalty)
1. When the contract is terminated due to the reasons attributable to the defendant specified in this Agreement during the contract period; or