(영문) 서울중앙지방법원 2016.01.22 2015가합530473

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(영문) 서울중앙지방법원 2016.01.22 2015가합530473

점포명도 등 청구의 소

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1. The defendant shall be the plaintiff.

A. Determination 1, 2, 3, 4, and 1 of the annexed drawings of the C Station 418-04 in Seongbuk-gu Seoul Metropolitan Government.

Reasons

1. Basic facts

(a) The term of a contract under Article 3 (Period of Contract) that enters into a store lease agreement shall be from February 23, 2009 to February 22, 2014 (five years).

Article 5 (Rental Deposit)

1. The defendant shall pay 58,810,000 won to the plaintiff in lump sum, at the same time as this contract is concluded.

In such cases, the interest income accrued from the deposit of rental deposit shall accrue to the plaintiff.

2. The defendant shall not substitute the payment of monthly rent, management expenses and other expenses with the rental deposit.

Article 6 (Rents)

1. The rent shall be KRW 3,267,00 per month (including VAT) and shall be payable to the banks determined by the Plaintiff by the end of each month.

3. Where a lease contract is concluded or terminated on a monthly basis, the rent shall be calculated by the number of days.

Article 9 (Treatment of Rental Deposit) The rental deposit deposited in the Plaintiff shall be disposed of as follows:

1. Where the contract is terminated due to the termination, termination, or any other cause of the lease term, the Plaintiff shall promptly return the deposit to the Defendant after the Defendant ordering the leased object.

Provided, That this shall not apply where the period of return has been exceeded due to reasons attributable to the defendant.

In such cases, the plaintiff shall refund the balance after deducting the unpaid amount of rents, management expenses, etc. to be paid by the defendant.

When a lease contract is terminated due to the expiration of the contract period, termination of the contract, or any other cause under Article 25 (Name of Shop), the defendant shall, without delay, order the plaintiff to submit the leased object according to the following:

3. If the Defendant did not order the leased object after the termination of this lease, he shall compensate the Plaintiff for the amount of damages equivalent to the rent, and any other damages, from the date of the termination up to the date of surrender.

Around February 2009, the Plaintiff entered into a lease agreement with the Defendant with respect to the instant store (hereinafter “instant lease agreement”).

(b) business;

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