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(영문) 서울동부지방법원 2017.08.11 2015가단114310
사용료
Text

1. The defendant is the plaintiff, among the first floor of Gangdong-gu Seoul Metropolitan Government C market 1, the indication of the attached drawing(s), b, c, d, f, g, h, and h.

Reasons

1. Basic facts

A. From June 1, 2005, E entered into a "entrusted operation contract" that is entrusted for one year on the condition that he pays approximately KRW 198m2 (60m2) out of the first floor store in the Gangdong-gu Seoul Metropolitan City, Gangdong-gu, Seoul Metropolitan City, the 198m2 (hereinafter the "instant store") among the 1st floor store in the kimchi market, and began to run the kimchi manufacturing business with the trade name "D" after paying KRW 20 million to F.

B. On December 26, 2007, E entered into a lease agreement with the representative G of the C market and continued to engage in the kimchi manufacturing business at the instant store, setting the lease deposit amount of KRW 20 million, monthly rent of KRW 1 million.

C. On March 31, 201, H Co., Ltd. (Liquidators) entered into a building management consignment agreement with the Plaintiff, which entrusts the lease and management of the C market building with the trade name “C market” (hereinafter “C market”).

On September 27, 2011, E transferred the instant store’s right to lease, including the right to lease, and the Defendant transferred possession to the Defendant. On October 11, 201, the Defendant entered into a lease contract with the Plaintiff for rent KRW 1630,00 per month (in separate calculation for management expenses, management expenses, public charges, value-added tax, and value-added tax) without deposit, and the term of the lease (hereinafter “instant lease contract”) with the Defendant for six months until April 10, 201, and began to operate a kimchi factory at the instant store from that time.

E. According to the instant lease agreement, the lessor may terminate the lease contract with the lessee who has failed to pay the rent more than twice (Article 4). In the event that the lease contract is terminated, the lessee shall restore the instant store to its original state.

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