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(영문) 대구지방법원 2015.01.29 2013가합202902
손해배상(기)등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant is a juristic person holding the right to use the Daegu Suwon-gu C building from September 16, 201 to October 31, 2031. 2) On June 22, 2012, the Plaintiff leased from the Defendant the lease deposit amount of KRW 100,000,000, KRW 7% of the Plaintiff’s net sales (including value-added tax) of the rent, from September 201 to September 19, 201, respectively (hereinafter “instant lease”).

The details of the instant lease agreement are as follows.

(A) Article 1 (Basic Matters: (1) 5 years from the date of commencement of business: (2) The period of contract: (3) on September 20, 2012; Presidential Decree No. 2357, Oct. 1, 2012; Presidential Decree No. 2420, Oct. 1, 2012; Presidential Decree No. 23565, Feb. 1, 2011>

(4) The installation of cards, franchises, and terminals within stores shall be at the expense of the plaintiff.

Article 5 (Installation and Expenses of Rotterdam or Equipment) (1) The plaintiff may conduct a store themeology at the plaintiff's expense in consultation with the defendant for the management, etc. of image of his/her own brand.

(2) The interior of the preceding paragraph shall include all facilities used in burial, such as equipment, other than basic facilities, such as floor, ceiling, illumination, lighting, wall surface, and children's office fixtures.

③ After obtaining the Defendant’s prior consent, the Plaintiff shall additionally bear the burden of the Plaintiff’s equipment, stand-off, and house-house for fixed facilities other than those installed by the Defendant.

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