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(영문) 제주지방법원 2016.09.08 2015가합11058
약정금
Text

1. The Defendant’s KRW 80 million and the Plaintiff’s annual rate of 6% from July 22, 2015 to September 8, 2016.

Reasons

1. Facts of recognition;

A. The F Museum in E in the name of the company run by C (hereinafter “D”) awarded a successful bid for the permit to use and benefit from the third floor commercial facilities of the museum of this case (hereinafter “the museum of this case”) in the name of the company run by C, but returned the permit due to financial difficulties, and the Defendant representative director G offered the business partnership with G.

B. Around February 19, 2014, the Defendant entered into a contract with D to use and benefit from the commercial facilities of the third floor of the museum of this case as follows.

Display of the object of lease: No user (referring to the defendant; hereinafter the same shall apply) of the commercial facilities of the third floor of the museum of this case shall use or take profit from the object of lease located on the third floor of the museum of this case for any purpose other than commercial facilities.

Article 4 (Period of Contract and Renewal of Contract) ① The lease period of the object is composed of the basic contract period and the options contract period, and the basic contract period shall be three years from the date of commencement of operation of the museum of this case, and if the commencement of operation is delayed due to natural disasters and reasons attributable to the person who has obtained permission (referring to D; hereinafter the same shall apply), the time of commencement of the contract may be adjusted after

(2) The period of options contract may be extended by up to two years on a yearly basis, if a person satisfies certain requirements in accordance with detailed evaluation standards of the person who has obtained permission, and the person who has obtained permission shall notify the employer of such fact two months prior to the expiration of the contract.

Article 5 (User Fees) Rental Fees means an amount calculated by multiplying the monthly sales (including value-added tax) through business activities of the user by the rate of 10.5%.

Article 6 (Payment of User Fees and Facility Management Maintenance Expenses) (1) If the monthly sales are settled and paid to a designated account by no later than the 15th day of the following month, and the annual aggregate of user fees is less than 293 billion won (excluding value-added tax), the user shall first pay the insufficient amount in the following year.

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