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(영문) 울산지방법원 2019.10.10 2018가합882
부당이득금반환
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) Attached Form 10 out of the 10 floors of the real estate listed in the list of real estate.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 7, 2013, from C Co., Ltd., the Plaintiff concluded a lease agreement to lease the ten-story D (hereinafter “instant leased object”) of the real estate listed in the list of real estate (hereinafter “instant building”) in the attached Form No. C, which was constructed at the time, with the amount of KRW 200 million from the date of the lease deposit, KRW 10 million from the date of commencement of the lease term business, and monthly rent, KRW 10% of the monthly sales of the store operated by the Plaintiff, and KRW 20 million from the monthly rent (hereinafter “instant lease agreement”).

The part relating to the instant lease agreement is as follows.

C: Lessee, Plaintiff A: Lessee, and B pursuant to this lease agreement, Article 2 (Indication of Lease Objects) are as follows:

The location of the building in the building shall be governed by Appendix 2.

Article 7 (Rents) (1) of the Act shall be the larger of the following and the monthly rent:

(VAT Map)

1. Amount calculated by multiplying the net monthly sales of stores within leased objects by 10% (the amount after deducting the value-added tax from the gross sales);

2. Daily rent of 20 million won (Provided, That for the first two months from the commencement date of business, the monthly rent of 15 million won shall be paid in cash by the tenth day of each month in the following bank account.

(7) Where the Plaintiff fails to pay rent in the payment date, the overdue interest rate of 18% per annum shall apply from the day following the payment date to the actual payment date.

Article 8 (Management Expenses) (1) Monthly management expenses to be paid by B shall be 21,489,793 won (management expenses per square meter 6,655 won x 3229.12 square meters).

(3) Monthly management expenses shall be paid in cash to the bank account designated by A by the payment date under Article 7 (2).

(4) B shall not pay management expenses in the due date.

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