(영문) 서울중앙지방법원 2018.06.27 2018가합507320

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(영문) 서울중앙지방법원 2018.06.27 2018가합507320

손해배상(기)

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1. The Defendant: 6% per annum from February 13, 2018 to June 27, 2018 on the Plaintiff’s KRW 300,000,000 and the following.

Reasons

1. Basic facts

A. The Plaintiff is a company established on November 19, 1964 for the purpose of selling petroleum products, identical products, and subsidiary products. The Defendant is a company established on June 5, 2003 for the purpose of engaging in oil retail business, and the owner of D gas stations located in Gangseo-gu Busan Metropolitan City C (hereinafter “instant gas stations”).

The lease contract for a gas station (Evidence 1) (A): The defendant (B): Article 2 (Lease Deposit and Rent)

1. The deposit for lease under this lease shall be KRW KRW 10 billion per month, and the monthly rent shall be paid to A within 15 days from the 1 month following the expiry of the contract.

Article 3 (Term of Lease) The term of lease shall be five years from November 1, 2016 to October 31, 2021.

Article 4 (Payment of Lease Deposit) B shall be paid to A as the lease deposit the amount of KRW 00,000,000 as the down payment on October 20, 2016, and the payment shall be made at the time of completion of the new construction of the lease object and the acquisition and transfer of all authorizations and permits related to the gas station business after the completion of the new construction of the lease object, and the remainder KRW 30,000,000 shall be paid at the time of completion of the establishment of the right to collateral or lease on the leased object, such as the site and building of the gas station.

A shall provide B with a guarantee of payment issued by the IBK Bank in an amount corresponding to the down payment and intermediate payment, prior to the payment date of down payment and intermediate payment, as a security for down payment and intermediate payment.

Article 16 (Indemnification)

3. Except as provided for in paragraph (2) of the same Article and paragraph (2) of the same Article, where a party violates this contract and any of the following agreed terms and conditions, the sum of the KRW 300 million (where there is no amount equivalent to the down payment or the down payment of the lease deposit, 20% of the lease deposit) shall be paid to the other party as the estimated

However, the amount of actual damage to the other party.

유사 판례

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