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Reasons
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(영문) 서울중앙지방법원 2014.06.20 2013가합46455
차임 등
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1. The Defendant (Counterclaim Plaintiff) shall:

A. The Plaintiff (Counter-Defendant) Cheongcheon SeneN Co., Ltd., KRW 139,600,000, and this.

Reasons

1. Basic facts

A. The Plaintiff Cheongcheon Escar Co., Ltd. (hereinafter “Plaintiff Cheongcheon Escar”) is the owner of the share of 1125.16 square meters (hereinafter “instant store”) in the central part of the building indicated in the separate sheet (hereinafter “instant building”) in the attached sheet, and the Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) is a corporation that operated B points in the instant store, and the Defendant is a corporation that operated the instant branch office nationwide.

B. On December 13, 2012, the Defendant: (a) concluded a lease agreement with the Plaintiff’s stores located in the instant store, setting the lease deposit amount of KRW 500 million from the Plaintiff’s Cheongcheon Escen and the Plaintiff’s Cheongcheon Escenz; (b) from December 14, 2012 to December 31, 2019, to lease the instant stores (hereinafter “instant lease agreement”); (c) on the same day, the Defendant acquired assets transfer contracts with the Plaintiff and the Plaintiff’s facilities, etc. of the said stores in KRW 450 million from the Plaintiff’s stores (hereinafter “instant acquisition agreement”); and (d) concluded the instant lease agreement and the instant acquisition agreement, collectively, as follows.

[The lease contract of this case] Monthly rent of 18 million won (excluding value-added tax, increase in arrears pursuant to Article 4): 12% per annum (applicable when all the monetary payment obligations under this contract are not performed)

1. The monthly rent shall be 18 million won;

Provided, That from January 1, 2014, KRW 20 million per month and KRW 22 million per month from January 1, 2016 shall be raised.

2. The lessee shall pay the rent from the first day of each month to the last day of the month on the 20th day of that month.

4. Taxes and public charges incurred as a result of the ownership of an object shall be borne by the lessor and such landlord;

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