(영문) 서울중앙지방법원 2020.05.22 2019나50498

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(영문) 서울중앙지방법원 2020.05.22 2019나50498

부당이득금반환 청구의 소

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1. The plaintiff's claim that the court changed in exchange is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 12, 2016, the Plaintiff, from the Defendant, set the deposit amount of KRW 77,000,000, monthly rent of KRW 15% of the net sales or KRW 6,003,00 of the monthly minimum guarantee rent (excluding value-added tax) and KRW 3 years of the sublease period, from the Defendant, the amount of KRW 15% of the monthly rent and KRW 6,003,00 of the monthly rental fee and KRW 3 years of the sublease period.

(B) from the following day, the sub-lease contract of this case is called the "sub-lease contract of this case".

However, from January 2017 to May 2017, the Plaintiff failed to pay the monthly rent to the Defendant and the management expenses from February 2017 to May 2017. Accordingly, the Defendant notified the Plaintiff of the termination of the contract on June 7, 2017 pursuant to Article 16(3) of the sub-lease contract (where the sub-lessee has failed to pay rent more than twice, the sub-lessee may terminate the contract by giving written notice of termination to the sub-lessee, specifying the reasons).

C. Meanwhile, the Defendant filed a lawsuit seeking penalty of KRW 145,932,930 (=6,603,300 / 222 months / 30) from June 8, 2017 to April 11, 2019, under Article 36(1) of the instant sub-lease contract that if the instant sub-lease contract is terminated due to the cause attributable to the sub-lessee, the sub-lessee shall pay the entire rent for the remaining period of the sub-lease as a penalty to the sub-lease. The Defendant filed a lawsuit seeking penalty of KRW 145,932,930 (=6,603,30) from June 8, 2017 to April 11, 2019, which is the date following the date of notification of the termination of the said sub-lease contract with the penalty for breach of contract, which is presumed to have been presumed to have been scheduled to compensate for damages, and thus, partially reduced the amount of the penalty.

The defendant shall pay the remainder after deducting 35,086,690 won in total of the monthly rent and management expenses in arrears and interest in arrears according to the above judgment at the time of the contract for the sublease bond of this case.

유사 판례

-서울중앙지방법원 2020.5.22. 선고 2019나50498 판결

-서울동부지방법원 2018.05.11 2017가단128511

-서울남부지방법원 2017.05.11 2016나54990

-서울남부지방법원 2019.06.28 2018나59500

-부산고등법원 2019.05.22 2018나56582