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(영문) 서울중앙지방법원 2015.11.17 2014가합510236
임대료
Text

1. The defendant shall pay to the plaintiff the amount of KRW 272,061,178 and the amount of KRW 210,116,596 from January 1, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Grand World Co., Ltd., on August 24, 2007, changed the trade name to the Cream Construction Co., Ltd. on March 2008, and now, the Cream Construction Co., Ltd.

The term of lease was 10 years from the date of opening the shopping mall in Ansan-si, Andong and B, and the monthly rent was 3% or 4% of the total sales (hereinafter “instant lease agreement”).

The contents of the above lease agreement pertaining to the instant case are as follows:

The term "A" (hereinafter referred to as "A") of the lease agreement (hereinafter referred to as "B") Article 3 (Use and Use of Lease Objects)

3. B, etc. shall have the right to operate the leased object by dividing the space according to the necessity of B, etc. in order to enhance business efficiency in using the leased object for a period of lease.

Provided, That where the exclusive use area of A is used as a passage and warehouse space during the lease period or the shared area of a part of the floors is used exclusively, B may use it within the extent not violating the Act on Ownership and Management of Condominium Buildings.

Article 10 (Monthly Rent)

1. Eul, etc. shall be paid 3% (excluding value-added tax) of the total sales to Gap as monthly rent, and the payment base date shall be 30 days after the date of commencement of the business of Eul, etc.;

2. Eul, etc. shall submit to Gap information management system (POS) sales data, and other data by which actual sales can be verified, in order to provide information on sales, which serves as the basis of monthly rent payments, to Gap.

3. Monthly rents shall be from the commencement date of business;

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