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(영문) 서울중앙지방법원 2014.12.12 2013가합558439

손해배상(기)

Text

1. The Defendant’s KRW 119,327,236 on the Plaintiff and 5% per annum from December 12, 2013 to December 12, 2014 on the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into the instant sub-lease contract with A, etc., and the Daejeon Jung-gu District Building B (hereinafter “instant building”).

() As to part of one floor (3/4 of 239.74 square meters, approximately 179.81 square meters), a lease contract was concluded on October 2, 2009 with the lease deposit of 365,000,000 won, monthly rent of 6,250,000 won, and the lease period of 6,250,000 won from November 10, 2009 to November 9, 201; and ② the lease contract was concluded on November 10, 201 with the lease deposit of 500,000,000, monthly rent of 10,000,000 won, and the lease period of 10,000,000,000 won from November 10, 2011 to November 9, 2015 (hereinafter “instant lease contract”).

(2) On October 10, 2009, the Plaintiff entered into a contract for acquisition and transfer of the right to lease of approximately KRW 30,000,00 among the instant building leased by C from C (hereinafter referred to as “the instant building part”) on the left-hand side store of the first floor among the instant building leased by C, and paid the said acquisition price to C around that time.

3) On October 29, 2009, the Defendant entered into a sublease contract with the Plaintiff as follows (hereinafter “instant sublease contract”):

A) Around that time, I concluded a business with the trade name of “CJalBB” in the above part of the building (hereinafter “D”).

() Article 1 (1) (1) The location and the object: The area for exclusive use of approximately 148.8 square meters in Daejeon-gu B. (45 square meters): The purpose of use is Article 2 (2) (1) the defendant shall pay 25,000,000 won to the plaintiff with the deposit for sublease deposit. < Amended by Presidential Decree No. 2102, Nov. 1, 2009> The monthly sublease fee shall be applied based on the monthly net sales, the value-added tax, and shall be deposited into the bank designated by the plaintiff by the 10th of the following month: Provided, That the minimum monthly rent for guarantee that the defendant pays shall be KRW 14,50,000 (value-added tax separately). < Amended by Presidential Decree No. 21739, Oct. 1, 2014>