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(영문) 수원지방법원 2019.07.24 2018가합23653
약정금
Text

1. Defendant (Counterclaim Plaintiff) Company B and Defendant C jointly and severally with the Plaintiff (Counterclaim Defendant) amounting to KRW 180,6650,000,000 and the same.

Reasons

1. Facts of recognition;

A. On December 12, 2016, Nonparty D Co., Ltd. (hereinafter “D”) entered into a lease agreement between the Plaintiff and Nonparty Co., Ltd. (hereinafter “Plaintiff et al.”) on the instant real estate as to KRW 200 million, monthly rent of KRW 19 million, and ten years from the starting date of the lease business (hereinafter “instant lease agreement”) with the Plaintiff and Nonparty Co., Ltd. (hereinafter “Plaintiff et al.”) (hereinafter “Plaintiff et al.”) for use in the KIKO, and its main contents are as follows.

Article 3 (1) Use of the leased object(D) shall use the leased object for the following purposes:

(1) The salesroom occupants and the commencement date of business under Article 4 of the brand G of the type of business and facilities D and facilities annexed thereto shall be February 20, 2017.

Provided, That where the completion of interior works is earlier than the sale date and the commencement date of the business, the completion date shall be the sale date and the commencement date of the business.

(3) Where sales are not completed within the date specified in Article 4 (1) due to reasons attributable to D, such as insufficient preparation for interior, etc., the commencement date of business shall be February 20, 2017.

Article 6 (1) Rental deposit shall be KRW 200 million, and shall be paid according to the following schedule:

Article 7 of the rent of KRW 100,000,000 in total, KRW 160,000 in total, KRW 80,000 at the time of completion of the construction work, as the date of the conclusion of this lease contract, 20,000 won in KRW 10,000 in KRW 20,000 in KRW 16,00 in total,00 in the time of completion of the construction work, shall be KRW 19,00,000 in KRW (VAT separately).

(5) Monthly rents for 12 months from the commencement date of business ( February 20, 2017) shall be exempted.

I agree to pay KRW 500,000 to D as the lessee’s construction subsidy, the Plaintiff et al., and one other, the lessor, as follows:

At the time of contract (20%) 10 million won after the commencement of the original contract (20%) 30 days (30%) after the commencement of the 100 million won (30%) 150 million won (30%) 150 million won at the time of completion of the contract (30%)

B. The Plaintiff, et al. and one other are D with construction subsidies, KRW 100 million on December 13, 2016, and KRW 100 million on December 22, 2016.

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