(영문) 서울중앙지방법원 2014.08.22 2014가합708

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(영문) 서울중앙지방법원 2014.08.22 2014가합708

임료

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1. The Plaintiff (Counterclaim Defendant) is either KRW 5,420,000 against the Defendant (Counterclaim Plaintiff) and KRW 8,000,000 against the Defendant (Counterclaim Plaintiff) and each of the above costs.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to be a principal lawsuit and counterclaim.

A. On May 6, 2008, the Plaintiff concluded a lease contract with the Seoul Metropolitan Government Urban Railroad Corporation (hereinafter “Urban Railroad Corporation”) for the lease deposit of KRW 351,00,000,000, monthly rent of KRW 39,000,00, and the period from May 6, 2008 to August 3, 2013.

After that, on November 16, 2009, the Plaintiff entered into a lease agreement with an urban railway corporation and the terms and conditions of the above lease agreement that changed the area of the first floor of the commercial building of this case to KRW 1,183.1 square meters, KRW 354,966,030, monthly rent, and KRW 39,440,670, respectively.

(hereinafter “instant lease agreement”). The terms of the instant lease agreement are as follows.

Article 19 (Compensation for Damages) (3) Where a contract is terminated due to the termination, termination, etc. of the contract, and the damage has occurred to an urban railroad corporation or a third party due to the plaintiff's delay or rejection, the plaintiff shall compensate for

(4) The estimated amount of loss under paragraph (3) shall be determined by the amount equivalent to 10% of the monthly rent for the object of lease concerned on the one day from the date following the date designated by the urban railroad corporation to the date the lifespan is completed.

Article 21 (Requirements for Cancellation and Termination) (3) Where the plaintiff falls under any of the following subparagraphs, the Urban Railroad Corporation may cancel or terminate the contract after peremptory notice:

3. Where the Plaintiff delays the monthly rent, etc. for not less than three months;

B. On September 9, 2008, the Plaintiff and the Defendants set the contract term, the sublease deposit, and the monthly rent as indicated in the following table and sub-leaseed the corresponding part of each of the stores of this case (hereinafter referred to as the “sub-lease contract of this case” in total with the Plaintiff and the Defendants.

. The sub-lessee's contract date.

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