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(영문) 인천지방법원부천지원 2019.10.17 2018가단121297

사용료

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 19, 2017, the Plaintiff entered into a lease agreement with D to lease 2 and 3 floors (hereinafter “instant commercial buildings”) from among buildings located in Seodaemun-gu, Seoul and one parcel, Seodaemun-gu, Seoul (hereinafter “instant commercial buildings”) with a deposit amount of KRW 40 million, from May 28, 2017 to May 25, 2019, and from May 28, 2017, the rent of KRW 170,000 per month.

B. On November 7, 2017, with respect to the instant shopping mall, a business agreement (Evidence A 1) was prepared with the Plaintiff as Gap and the Defendant’s attached C and the Defendant as Eul as to the instant shopping mall.

1. B shall be provided with the commercial buildings in this case by Gap and shall be paid user fees of 1.5 million won per month to Gap;

2. The first time for payment of user fees is December 28, 2017.

3. A shall not participate in all operation of the restaurant and shall be exempted from all responsibilities relating to the operation.

In addition, the monthly rent to be paid to the lessor D should be borne by the lessor.

4. Eul shall not delay the rent to be paid to landlord D (1) and the fee to be paid to landlord (2) and shall not raise any objection even if Gap arbitrarily disposes of the restaurant at least once in arrears.

5. The period of operation of a restaurant is from the time a restaurant is provided by A to May 25, 2019.

6. Eul shall restore to its original state after completion of the contract with Gap.

16. Removal of main facilities at the time of termination of the contract. If a lawsuit is brought between A and B in connection with this contract, the competent court shall be the competent court of A.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is a party who directly signed and sealed the instant commercial building with the Defendant’s signature and seal under the business agreement, and the Plaintiff did not pay the user fee at all during the operation of the restaurant. In addition, the Plaintiff shall pay the user fee of KRW 16.5 million and the annual user fee of KRW 18 million and the annual user fee of KRW 15 million.