(영문) 서울중앙지방법원 2017.02.16 2016가단93035

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(영문) 서울중앙지방법원 2017.02.16 2016가단93035

사용료

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1. The Defendants are jointly and severally liable to the Plaintiff for 70,000,000 won and the interest rate of 15% per annum from July 16, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 2015, the Plaintiff entered into a contract for the use of facilities, etc. with respect to the 3, 4th and fourth floors of Seoul, Gangnam-gu, Seoul, F ground G buildings that were leased and used by D without a deposit for lease (hereinafter “instant use contract”).

Facilities: The monthly rent of KRW 40,000 per month from December 7, 2015 to January 6, 2016, and monthly rent of KRW 40,000 (including prior payment, management fee of KRW 1.5 million, and usage fee of the existing facilities): Provided, That public charges, such as electricity and water supply tax, shall be imposed on the actual usage amount of Defendant B, and Defendant B shall pay them within the payment deadline.

When the prepaid user fee is paid within the seventh day of the following month, the user contract shall be extended for 30 days, and the total extension shall be within 36 months from the date of conclusion of the contract.

Defendant B should keep deposited KRW 40 million to the Plaintiff simultaneously with the contract.

However, if the prepaid user fee that Defendant B shall pay every month is not paid within the period, the deposit shall automatically be paid to the Plaintiff as a penalty for breach of contract.

Matters of special agreement

1. Defendant B shall deposit KRW 40,000 of the monthly user fee to be paid in the following month into the account designated by the Plaintiff not later than the end of the preceding month.

2. In the event that the usage fee is not paid by the 18th of the end of each month, the contract shall be terminated from that time, and the right to use the facility, etc. shall be reverted to the Plaintiff.

In addition, goodwill is transferred to the plaintiff.

The key to the store shall also be returned to the plaintiff from the time of the return, and the plaintiff may voluntarily open and close the door.

6. Defendant B shall extend the employment contract on a six-month basis, but may extend it for a total of three years.

7. Defendant B shall use the existing facilities as they are, and if necessary, repair them at the expense of Defendant B.

B. D operated the beauty art room with the trade name “H” at the above place, and approximately approximately KRW 202.2 billion to the Plaintiff.

유사 판례

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