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(영문) 대전지방법원서산지원 2016.11.17 2015가합853

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 103,377,340 to the Plaintiff (Counterclaim Defendant) and its related amount from September 29, 2016 to November 17, 2016.

Reasons

1. Facts of recognition;

A. On April 24, 2015, the Plaintiff leased the Plaintiff’s attached facilities (hereinafter “instant gas station”) to the Defendant, such as Pyeongtaek-si C’s oil station and oil tank 5 and Jeju-do-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-

Article 2 (Term of Lease) (1) This contract shall enter into force on the date of conclusion of the contract, and the term of the lease shall be 24 months from May 11, 2015 to May 10, 2017.

Article 3 (Rental Deposit and Monthly rent) (1) The rental deposit shall be KRW 170 million, monthly rent shall be KRW 9 million, and the additional tax shall be aggregated.

Down payment: 40 million won intermediate payment: 60 million won balance: 70 million won monthly tax: The monthly tax shall be remitted to the account designated by the Plaintiff on the contract date every month to one month.

(2) When the Defendant has entered into this contract and the term thereof, the down payment shall be null and void and shall not be claimed for refund, and when the Plaintiff has entered into this contract, the down payment shall be paid twice to the Defendant.

Article 4 (Operation of Gas Stations) (2) During the term of this contract, the defendant shall not sublet the object of the lease (including a security deposit) to a third party or transfer the right to lease (the transferor or transferee shall not claim the right to the plaintiff) and the acting entrusted operation shall not be allowed.

(3) A defendant may, if necessary, install signboards and advertising signs to the leased object so that they may not conflict with all kinds of Acts and subordinate statutes (in case of illegality, removal without forced compensation) and restore them to its original state upon the termination of

Article 7 (Change of Object of Lease) (2) When it is necessary to improve the operation of gas stations, the defendant may remove, newly construct, or change the buildings, facilities, etc. in the gas stations after consultation with the plaintiff in advance, and the expenses incurred therefrom shall be exclusively borne by the defendant and shall be restored to its original state upon the termination

Article 9 (Establishment of Facilities) Oil stations, such as glocks, lapbbbages, pool color, etc. for the maintenance, alteration, conversion, etc. of trademarks.