logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.05.11 2015가단5056805
건물명도 등 청구의 소
Text

1. The plaintiffs' claims against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On November 5, 2014, the Plaintiffs asserted that they concluded a lease agreement with the Defendant regarding the real estate listed in the separate sheet (hereinafter “instant store”) as follows.

Lease deposit: 15% of the monthly net sales from August 30, 2014 to August 30, 2016, and 16% of the monthly net sales from the next day to August 30, 2019: when a lessee has violated the obligations under this Agreement and the Management Rules (Article 11(1)2) (Article 11(6)), but the Defendant, as a result of its commencement of business from September 2014 to December 30, 2016, without any notification, paid at a discounted rate of KRW 9,82,00,00 to KRW 15% of the monthly sales (Article 11(1)2), and the unpaid amount of KRW 15% of the monthly sales to August 30, 2019 (Article 11(1)6).

On February 16, 2015, the Plaintiffs notified the Defendant of the termination of the lease lawfully in accordance with the breach of the contract, such as the monthly rent for three-month overdues, etc.

Therefore, the defendant is obliged to deliver the store of this case and pay the unpaid rent to the plaintiffs.

2. Determination

A. In full view of the purport of Gap evidence Nos. 1 and 2-1 to 5 of the evidence Nos. 1 and 2-1 to 5 of the argument as to the overdue rent claim, the defendant agreed to pay 15% of the monthly net sales under the instant lease contract (the net sales is defined as excluding various card discounts from the total sales), the defendant's rent of September 2014 is KRW 4,100,574 (the net sales is 3,727,794 value-added tax) (the net sales are 15% of the net sales amount of KRW 24,851,962), the rent of October is 5,920,335 (the net sales amount is 35,80,818 won) (the net sales amount is 5,382,123 won), the rent of value-added tax is 6,657,6357,639,539,9636,9536,539).

arrow