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(영문) 대구고등법원 2016.05.25 2015나20545
손해배상(기)등
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On June 25, 2008, between the Plaintiff and the Defendant, the Defendant entered into a lease agreement with Daegu Metropolitan City, stating that the Defendant may use and benefit from the buildings listed in the attached Table 1 attached hereto owned by Daegu Metropolitan City from September 16, 201 to October 31, 2031. (2) On June 22, 2012, the Plaintiff entered into a lease agreement with the Defendant to lease the instant store from the Defendant for the purpose of operating a child-only shopping mall (including value-added tax) by setting the lease deposit amount of KRW 100 million and KRW 7% of the rent net sales (including value-added tax), term of lease from September 20, 2012 to September 19, 2017 (hereinafter “instant lease agreement”).

The main contents of the instant lease agreement are as follows.

Article 1 (Basic Matters of Lease Contract) (1) (1) : 5 years from the date of commencement of business on September 20, 2012. (3) Deposit: KRW 100 million (10,000,000): Contract deposit - The remainder of payment at the time of contract of KRW 50,000 (50,000): O thousand won (50,000,000): October 1, 2012.

(4) Rentals shall install cards, franchises and terminals in stores at the expense of lessees.

Article 5 (Installation and Expenses of Art. 5) (1) A lessee may conduct a store theme for the costs of a lessee in consultation with the lessor for the management, etc. of image of his/her own brand.

(2) The interior as referred to in the preceding paragraph shall be built of equipment other than basic facilities, such as floor, ceiling, illumination, lighting, wall surface, etc., and houses for children.

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