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(영문) 부산지방법원 동부지원 2018.05.10 2017가단202625

점포명도등

Text

1. The plaintiff

A. The Defendants jointly set out the first floor of the Busan Urban Railroad Down Station located in Suwon-gu C, Busan.

Reasons

1. Basic facts

가. 원고는 2013. 6. 3.경 피고 A과 사이에 원고 소유의 부산 수영구 C에 있는 부산도시철도 D역 지하 1층 중 별지 도면 표시 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 1의 각 점을 순차로 연결한 선내 상가 5,276.8㎡ 중 11, 12, a, b, 11의 각 점을 순차로 연결한 선내 ㈎ 부분 점포 98.83㎡(이하 ‘이 사건 점포’라 한다)에 관하여 아래와 같은 내용의 임대차계약(이하 ‘이 사건 임대차계약’이라 한다)을 체결하였다.

- Contract amount (total rent for a period of five years): 48,00,000 won (annual rent of KRW 9,600,000): Contract period: From June 3, 2013 to June 2, 2018 - Rent payment method (Article 3): B (Defendant A; hereinafter the same shall apply) shall pay the contract amount in one-month installments, regardless of whether business activities are carried out.

- Management Expenses (Article 7 : hereinafter the same shall apply) : B shall pay the management expenses of the amount calculated and notified according to the monthly amount consumed by A (the plaintiff is referred to as the plaintiff; hereinafter the same shall apply) not later than the

-Arrears charge (Article 8): ① If the rent to be paid to A under the lease agreement is not paid by the prescribed date, the overdue interest rate (18%) shall be paid to the days in arrears by a financial institution designated as a transportation revenue of A or a depository dealing with incidental revenue (18%) plus the overdue interest rate.

(2) If management expenses are not paid by the fixed date, the late payment charges prescribed in the Rules on the Supply of Electric Utility of the Party A shall be paid in addition to the late payment charges.

- Prohibition of sub-lease and transfer (Article 9): B shall not sub-lease the leased facilities or transfer the right of lease without the approval of A, nor shall it provide them as collateral or have them operate it by entrusting it to another person.

- Termination of the contract (Article 22): If B falls under any of the following subparagraphs: