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(영문) 춘천지방법원원주지원 2017.12.07 2017가합5019
보증금반환
Text

1. The Defendant’s KRW 282,315,658 as well as the Plaintiff’s annual amount of KRW 8.49% from January 14, 2016 to December 7, 2017.

Reasons

Basic Facts

On June 3, 2010, 2010, with the Defendant, entered into a lease agreement with the Defendant on the lease deposit of KRW 300,000,000, monthly net sales (in addition to management expenses and value added tax) or five years from the date of commencement of business, with the lease deposit of KRW 300,000,00,000, out of the first floor of the original city bus terminal No. 877-1, an original city bus terminal, which is owned by the Defendant (hereinafter “instant store”), and the Defendant paid KRW 300,00,000,00.

The details of the instant lease agreement are as follows.

Article 3 (Term of Lease) The term of lease shall be five years from August 15, 2010 or from the date of commencement of business, whichever is earlier, and shall be deemed to have been automatically extended under the same conditions for one year, if no written declaration of termination or modification of the terms and conditions is made three months prior to the expiration of this contract.

Article 17 (Monthly Rent) (1) Monthly rent shall be the amount equivalent to 10% (excluding value-added tax) of the net sales (hereinafter referred to as "net sales") on all profits accruing from the subject matter of the lease, and this fee shall be decided equally during the term of the contract.

(3) Eul (referring to a plaintiff; hereinafter the same shall apply) shall make every effort to maximize total sales.

Article 8 (Bearing of Managing Body and Management Expenses) The following shall be borne by A (the defendant is named) and B in accordance with the principle of sharing the burden of the user and the user of the leased object:

(1) Eul shall pay Gap 4,959,000 won (excluding value-added tax) with the basic building management and maintenance expenses and warehouse rent each month by no later than the 15th day of the relevant month, and this amount shall be settled equally during the period of the contract.

(2) In addition to the basic management expenses prescribed in paragraph (1), direct management expenses, such as electricity, gas, water supply and sewerage, heating and cooling, telephone charges, taxes and public charges, etc., which he/she directly uses shall be acquired the object of lease.

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