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(영문) 서울중앙지방법원 2020.01.22 2019가합521118

임대차보증금

Text

1. The Defendant’s KRW 4,464,397,190 among the Plaintiff and KRW 742,384,590 among the Plaintiff, shall be KRW 3,250,000 from February 1, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of the manufacture, processing, and sale of textile, clothing, and leather products. The Defendant is a company established for the purpose of real estate lease, sale, management business, etc.

B. 1) On May 1, 2009, the Plaintiff entered into a lease agreement with the Defendant, Seocho-gu Seoul Seocho-gu Seoul District Court (hereinafter “instant building”).

3) On the first floor d or E (hereinafter “instant 1 store”)

(1) The term of a contract to lease the lease deposit amounting to KRW 800,00,000, 12% of the total sales of rent (including value-added tax), from May 1, 2009 to April 30, 201, and from April 30, 201, the type of business/ brand F (the contract was drafted on May 21, 2009).

hereinafter referred to as “instant lease agreement”

A) Around that time, the Plaintiff concluded a lease deposit with the Defendant on April 30, 201, and the term of the instant lease contract was extended to April 30, 2012. On April 1, 2013, the Plaintiff concluded a contract with the Defendant on April 1, 201, under which the term of the instant lease contract was extended to the first floor G or H (hereinafter “instant store”). On April 1, 2013, the said F store was transferred to the first floor of the instant building and KRW 80 million (Provided, That it was replaced with the said paid money), 11% of the total sales of the rent (including value-added tax), and from April 1, 2013 to March 31, 2015 (hereinafter “instant lease agreement”).

On January 1, 2018, the plaintiff last extended the term of lease of the above contract with the defendant until January 31, 2018.

C. 1) On March 12, 2010, the Plaintiff concluded a lease agreement with the Defendant on March 12, 2010, the first floor of the instant building 1 through J, K through L, M through N,O through P, Q, R, and S (hereinafter “instant second floor”).

B The amount calculated by applying the fee rate of 3,250,000,000 won in lease deposit, and the rate of 6.5% of the total sales from January 2, 201 to December 2, 2012, from January 201 to December 2012, 7.5% of the total sales from January 201 to December 2014, 201. < Amended by Act No. 13003, Jan. 5, 2013>