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(영문) 수원지방법원 성남지원 2018.06.12 2017가합1987
임대차보증금
Text

1. The Defendants jointly pay KRW 600 million to the Plaintiff.

2. The plaintiff's remaining claims against the defendants.

Reasons

1. Basic facts. Article 5 (Term of Lease)

1. The lease term of this contract shall be ten years from the starting date of the plaintiff's business;

Article 6 (Rental Deposit and Monthly Rent)

1. The total amount of the rental deposit shall be 60 million won (a contract amount of KRW 100 million, the balance of KRW 500 million);

2. The monthly rent shall be as follows:

(VAT separate) An amount calculated by multiplying the net sales (the total sales less the sales discount, the sales discount, and the value-added tax) of the store in the leased object by 8% for the relevant monthly sales (the minimum security monthly rent shall be KRW 13 million);

3. The Plaintiff shall deposit the rental deposit and monthly rent into the Defendant B’s deposit account.

Article 12 (Bearing of Management and Management Expenses)

3. The plaintiff shall pay the management expenses calculated and imposed by the defendant B from the commencement date of the construction to the specialized management enterprise designated by the defendant B or the defendant B at the time prescribed by the defendant B every month.

7. The monthly management expenses shall be KRW 2,754,590 (excluding surtax), and the lessor shall adjust the management expenses in consultation with the lessee if any ground for the change in the management expenses exists;

8. When this contract is terminated earlier, the management expenses shall be calculated.

§ 18. Transfer and reappointment of objects

1. In the event that Defendant B, within the term of this contract, transfers (in the event of transfer of ownership due to sale, auction, or any other cause) the entire building to which the leased object or leased object belongs to a third party due to unavoidable circumstances, he shall notify the Plaintiff in advance, and shall succeed to the transferee all the rights under this contract so that the Plaintiff may continue to operate.

Article 23 (Termination of Contracts)

1. When falling under any of the following subparagraphs, the defendant B and the plaintiff may demand performance or improvement for a certain period of time to the other party, and when such performance or improvement is not performed or improved within a certain period of time, the contract may be terminated immediately:

(b) Where the monthly rent under this Agreement is overdue for not less than three months;

(c) Damage to the object of lease due to a disaster or natural disaster;

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