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(영문) 서울중앙지방법원 2016.02.02 2015가합542889
점포명도 등 청구의 소
Text

1. The defendant

A. The Jung-gu Seoul Jung-gu Seoul Central District Office 279 Seoul subway 4, the Eastern Station, the Eastern Cultural Park Station, underground.

Reasons

1. Facts which have no dispute over the basic facts [based for recognition], the entries in Gap evidence 1 through 12 (including paper numbers; hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings;

A. On June 2013, the Plaintiff and the Defendant concluded a lease agreement (a lessee, the Plaintiff, and the Defendant) with respect to the store Nos. 422-7 and 422-8, located in Jung-gu Seoul, Jung-gu, Seoul, Seoul, 279, Seoul, the 4, the Seoul subway Line No. 4, the Seoul subway Line No. 4, and the Seoul, the 279, the Seoul, the Seoul, the Seoul, the Seoul, the Seoul, the 422-7 and the 422-8, but subsequently concluded a lease agreement on November 28, 2013 (hereinafter “instant lease agreement”).

The subject matter of the instant lease agreement is 40 square meters inboard (A) connecting each point of the items indicated in the attached Form 1, 2, 3, 4, and 1 (hereinafter “instant store”), and the terms and conditions of the instant lease agreement are 119,000,000 won, 6,610,500 won in the rent month (15% in the last day of each month, the overdue interest rate), and 6,610,500 won in the rent month (15% in the last day of each month), from June 3, 2013 to October 13, 2016. The main contents of the instant lease agreement, other than the terms and conditions of the said agreement, are as follows.

8. Overdue charge;

(a) Where a lessee fails to pay a rent by the due date to a lessor pursuant to a lease agreement, the rent shall be paid by adding an amount equivalent to 15% per annum to the number of days in arrears;

10. Disposal of rental deposit;

(a) A lessor shall recover the leased object after the contract is terminated and shall refund the rental deposit after the lessee has ordered it to restore it to its original state;

(b) At the time of delay or refusal of a lessee’s order; 27. 5% of the rental deposit from the date of the maximum designation of the governor to three months from the date of the maximum designation of the governor, and 10% of the rental deposit after four months, and the lessor shall additionally pay the same amount as a life-long pension, and the lessor shall settle the amount after deducting the rental deposit from the rental deposit.

(c) The lessor is determined by the prohibition of sub-lease, transfer, etc.; and

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