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(영문) 인천지방법원 2020.11.24 2020나650
차임등
Text

The main text of the judgment of the first instance, including the plaintiff's claim expanded by this court, shall be amended as follows:

Reasons

1. Facts of recognition;

A. On December 29, 2015, the Plaintiff entered into a lease agreement with C on the lease deposit of KRW 30,000,000 and KRW 4,000,000 per month of rent (excluding value-added tax) on the first floor E of the Seo-gu Incheon Metropolitan D Building No. 410,176 square meters (hereinafter “instant shopping district”) between the Plaintiff and C, and operates an amusement facility business under the trade name of F.

B. On August 25, 2017, the Plaintiff entered into a sublease contract (hereinafter “instant sublease contract”) with the Defendant to sublease part of 198.4 square meters in the instant commercial building (hereinafter “instant store”) with the consent of the owners of the instant commercial building, and the main contents thereof are as follows.

Article 1 (Deposit and Rent): 30,000,000 won (monthly rent): 3,000,000 won shall be paid on the last day of each month.

Value-added tax shall be non-content and separately paid.

Article 2 (Term of Lease) The plaintiff shall deliver this case's store to the defendant by the date of completion of the building in a condition that it can use and benefit from the store for the purpose of lease, and the term of lease shall be five years

Article 7 (Termination of Contract) (2) The plaintiff may terminate the contract in a case where the defendant does not pay the rent for the period of three years, or violates Article 4 (1).

[Matters of Special Agreement]

3. Air conditioners and heating facilities shall be installed by the defendant;

4. The management expenses and public charges shall be paid respectively on the basis of the usage and size of the plaintiff and the defendant.

5. The lease term shall be five years from the commencement date of business;

The first two months shall not pay rent, and when the lease is terminated due to the defendant's reasons attributable to the defendant within one year from the date of the lease, the rent for two months shall be deducted from the deposit.

C. The Defendant paid the said sub-lease deposit to the Plaintiff, and from around December 2017, installed the amusement room and operated the amusement room in the instant store from around December 2017, and retired from the instant store on April 18, 2019.

The defendant shall first perform the special agreement in accordance with paragraph (5).

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