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(영문) 제주지방법원 2019.08.27 2016가단14903
임대료 및 관리비
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 544,343.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Common factual relations;

A. The Plaintiff is a stock company established for the purpose of real estate business, etc., and the Defendant is a person who registered his/her business with the trade name D on February 13, 2012 and engages in the business of manufacturing and selling stuffs.

B. On March 2, 2015, the Plaintiff entered into a sales contract with the Defendant with the content that the Defendant sets the management deposit amount of KRW 11,700,000 (hereinafter “instant sales contract”) on the second floor F (4,700,000 among the exhibition and sales centers in Jeju-si (hereinafter “instant sales center”) located in the steering team. Of the management deposit, the Plaintiff received KRW 1,170,530,000 from the Defendant on April 8, 2015, respectively.

The details of the instant sales contract are as follows.

1. Objects: Provision of one set free of charge (3,90,000 won discount) (3,900,000 won at the time when the contract for free admission in a year expires) for a management deposit with four copies (48 square meters in a store area): 15,60,000 won;

2. Details of the agreement. Article 1 (Purpose and Definition)

1. The purpose of this exhibition shop is to enable the Defendant who sells good goods representing Korea in the 12,00,000 tourist times to regularly fish counseling and sell them to tourists through this exhibition shop, and to contribute to the promotion of sales by providing the Defendant with a free annual rent and sales commission to the Defendant for the promotion of the exhibition hall, with the aim of widely informing the Defendant of good goods and contributing to the promotion of sales by enterprisers.

Article 2 (Term of Contract)

1. It shall be for one year from the date of opening;

2. Salesroom occupants shall be on April 2015;

Provided, That where schedule is inevitably changed, prior notice shall be given to the defendant in advance.

Article 3 (Plow Display and Publicity)

1. The entire design of the store shall be provided by the plaintiff, the defendant shall prepare show cases, etc. for display of products, and the height of show places shall be 1.

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