(영문) 대구지방법원 2019.06.14 2017가단118374

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(영문) 대구지방법원 2019.06.14 2017가단118374

임대차보증금 등 증액청구

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1. The plaintiff's primary claim and the first and second conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On May 7, 2012, the Defendant entered into a lease agreement with C, who was the owner of the instant store, with respect to the instant store (hereinafter “instant lease agreement”).

Deposit: Fees of KRW 20,000: 12% of the net sales: From July 1, 2012 to June 30, 2017, the lessor is to lease the leased object of this case to the lessee, and the lessee is to pay, in lieu of paying, a certain amount of money out of the total sales generated by the act of business to the lessor, as the incidental business functions of the E hotel hotel operated by the lessor after completing sales-specialized facilities, such as coffee, with respect to the leased object.

Article 6 (Sale during Term of Lease) A lessor may sell the leased object to a third party during the term of this lease, and in such cases, the lessor shall succeed to the rights and obligations under this contract after the maintenance agreement is reached to the purchaser of the leased object.

In addition, when considering sale, the lessee is obliged to inform the lessee.

A lessor should not lease the same type of business as that of a lessee within the term of the lease contract.

Article 9 (Sales Facilities, Salesroom occupants, etc.) (1) The lessee shall consult with the lessor about the interior plan, business plan, etc. within 15 days from the date of this contract, in consultation with the lessor.

(2) When submitting the above paragraph (1) above, the lessee shall start to start the d'D' coffee sales specialty table at the former cost of the lessee.

(3) On June 23, 2012, a lessee shall make every effort to ensure that the facilities and business preparations of his/her hotel specialized in coffee sales do not interfere with the lessor's opening of the hotel.

(1) A special agreement: (1) When the term of the contract expires, the lessor shall guarantee the lessee's business rights for five years in the object of the lease and renew the contract

except that the contract is terminated.

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