(영문) 서울중앙지방법원 2019.07.10 2018나41282

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(영문) 서울중앙지방법원 2019.07.10 2018나41282

손해배상(기)

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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that runs the rental business in the form of the Sheplate (a large number of rooms, which are personal spaces, are used separately by each person; it is a means of sharing living rooms, toilets, bathing rooms, etc.); the Defendant is a legal entity that intends to run the Sheplate business (hereinafter “instant rental housing business”) in the third floor of Jongno-gu Seoul Metropolitan Government 3 Ground Building (hereinafter “instant Building”) owned by the Defendant on the third floor of 117.2m2 (hereinafter “the third floor of 3rd floor”) (hereinafter “instant rental housing”).

B. On November 23, 2011, the Defendant entered into a contract with the Rotterdam Corporation (hereinafter “instant lease contract”) on the instant rental housing for the instant project, including the content that part of the revenues of the instant project were received from the Plaintiff on the same day, and entered into a lease agreement (hereinafter “instant lease agreement”).

1. Policyholders;

(a) A lessor: The defendant;

(b) Lessee: The plaintiff;

3. Location of indication of rental housing: Rental housing of this case.

4. The monthly rent paid on January 17, 2017 under Article 1 of the terms and conditions of a contract: 4,960,000 won: The period of the lease contract for the follow-up payment of KRW 1,240,000 on the seven day each day: the condition that the special agreement be made from January 18, 201 to February 28, 2020.

1. Monthly rent and operating expenses - The estimated sales of the windphers are 3,100,000 won.

- If 80% of the total rent that the lessee has received from the sub-lessee through the operation of Shephers every month exceeds the monthly rent prescribed in Article 1 of the terms of the lease agreement, the lessee will make an additional payment to the lessor in accordance with the due date of the lease in proportion to the difference.

- The lessee does not pay the monthly rent set forth in Article 1 of the terms of the contract in January or February 2017 to the lessor and deposits an amount equivalent to 80% of the total rent paid to the sub-lessee through the operation of the setle of the current month.

2. Transfer of lease property; and

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