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Reasons
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(영문) 서울중앙지방법원 2013.06.14 2012가합76596
영업임대료 등
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1. The Defendant calculated the Plaintiff at the rate of 161,562,005 won and 20% per annum from April 27, 2013 to the date of full payment.

Reasons

1. Indication of claim;

A. On July 2009, the Plaintiff entered into a business lease agreement with the Defendant on January 23, 2010 with the instant gas station (hereinafter “instant business lease agreement”) on the following occasions: (a) the Plaintiff leased a security deposit of KRW 100,000,000, monthly rent of KRW 7,000,000, value-added tax of KRW 700,000; and (b) operated a gas station (hereinafter “E gas station”).

B. The main content of the instant business lease agreement is from February 1, 2010 to January 31, 2012, and the Defendant shall pay the Plaintiff the rent of KRW 4,00,000 per month. The Defendant, under the name of the Defendant, used the Plaintiff’s business name until the change of the business name for the instant gas station.

In addition, the Plaintiff’s deposit balance of KRW 5,500,000 in the account balance of the passbook in the Plaintiff’s name was transferred to the Defendant at the expiration of the lease term, but the Plaintiff was to return to the Plaintiff at the expiration of the lease term, and the Defendant paid KRW 50,000,000 to the Plaintiff at the expiration of the lease term, but the Defendant paid KRW 50,000 to the Plaintiff at the expiration of the lease term. However, the Plaintiff paid KRW 12,500,000 out of the premium paid by the Plaintiff to operate the gas station in this case to the Plaintiff.

C. On December 25, 2010, the Defendant had been operating the instant gas station after the conclusion of the instant business lease agreement, and requested the Plaintiff to terminate the instant business lease agreement. However, the Plaintiff rejected such request. On January 201, 201, the Defendant unilaterally declared that the Plaintiff would not start back the instant gas station and would not operate the instant gas station. The Defendant unilaterally declared that the Plaintiff would not operate the gas station.

The defendant.

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