(영문) 울산지방법원 2020.08.12 2019가단108649

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(영문) 울산지방법원 2020.08.12 2019가단108649

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 5, 2018, the Plaintiff entered into a contract with the Defendant for the use and profit-making (hereinafter “instant contract”) with respect to the E (fourth floor) within the building located in Ulsan-gu, Ulsan-gu, Seoul (hereinafter “instant building”) for the purpose of toy exhibition and sale, as to the period of use from April 17, 2018 to April 16, 2023, the usage fee of the first year from April 17, 2018 to April 16, 2023, the fee of the first year to the first year, the property value of the pertinent year after the second year x the first year determined by the tender ± the fee of the first year to the value at the time of the tender (hereinafter “value of appraisal”). The details of the instant contract are as follows.

(However, if the user fee paid under Article 5 (Refund of User Fees) is canceled, the user fee shall be calculated in accordance with the provisions of Article 3 for the portion of the use period until the date of cancellation and the amount of the excess for the remaining portion of the use period shall be refunded.

Article 7 (Right to Preserve and Use Property for Use and Profit-Making) "Lessee" shall fulfill his/her duty of care as a good manager to preserve the property permitted to use and profit-making, and no right proposal other than the right to use shall be made.

In cases falling under any of the following subparagraphs, permission for use may be revoked for all or part of the property permitted at any time:

2. Where he neglects the management of permitted property, or violates any condition of permission;

5. Article 12 (Abandonment, etc. of Permission for Use) When a tenant submits a petition for revocation of permission for use;

1. The term "Lessee" shall, when he/she intends to obtain permission for cancellation, submit the revocation of permission for use two months prior to the cancellation thereof;

3. Where a new user is not selected by the end of the period of permission for use, “Lessee” may operate until the new user is selected, and “Lessee” shall pay the user fee on a daily basis.

Article 13 (Return of Property to be Used)

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