(영문) 서울중앙지방법원 2016.08.11 2015가합538057

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(영문) 서울중앙지방법원 2016.08.11 2015가합538057

임대차보증금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The term of a contract under Article 7 (Period of Contract) of the term of a contract for the entrustment of a public golf course B (lease) shall be from May 1, 2014 to April 30, 2017.

The rent of KRW 1,182,818,182, the monthly rent of KRW 98,568,182, the monthly rent of KRW 98,568,182, which is the total rent of KRW 3,548,545 from May 1, 2014 to April 30, 2017, is as follows:

The plaintiff shall pay the rent to the defendant in accordance with the following procedures and standards:

1. The Plaintiff shall pay monthly rent to the account designated by the Defendant in advance.

Article 9 (Contract Deposit and Entrustment (Lease) The plaintiff shall pay to the defendant in cash the annual rent of 50% (based on rent 650,550,000 as of the date of conclusion of the contract) of the annual rent as the deposit for entrusted operation before the commencement of the contract period.

Article 25 (Termination of Contracts by Defendant) In any of the following cases, the Defendant may terminate this contract:

4. Where the total amount of rent, management fee, expenses for joint use facilities, amount of damages, and other debts to the defendant exceeds 1/3 of the deposit money, the defendant and the plaintiff fall under any of the following subparagraphs, an amount equivalent to the rent and value-added tax amount for three months in the year of occurrence and the year of occurrence shall be paid as a penalty:

1. Where a contract is terminated because the plaintiff falls under any subparagraph of Article 25, payment shall be made in cash to the defendant;

A. On March 2014, the Defendant, as the owner of a public golf course B in Nam-gun A (hereinafter “instant golf course”), concluded a contract on the consignment (lease) operation (hereinafter “instant lease contract”) with the Plaintiff that the Plaintiff leased and operated the instant golf course from the Defendant. The key contents are as follows.

B. After April 21, 2014, the Plaintiff and the Defendant become the same.

유사 판례

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