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(영문) 대전고등법원 2020.08.20 2019나16312
임대료 등 청구의소
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. 1) D Co., Ltd. (hereinafter “G store”) in the name of the Defendant, on August 7, 2017, the Plaintiff and Seoan-gu, Seoan-si, Seoan-si, Seoul, and the Plaintiff’s K and F (hereinafter “G store”).

(G) As to the following sub-lease contract (G store is a building leased by the Plaintiff for a total amount of KRW 90 million from H, I, and J.

(2) The sub-lease under Article 1 of the sub-lease contract shall pay the sub-lease deposit and the monthly rent of the real estate as follows: - The sub-lease period under Article 2 of the monthly rent of KRW 5,000 (excluding value-added tax) shall be from August 7, 2017 to August 6, 2019. As of the delivery date of the real estate under Articles 3 through 5 (Omission) the disbursement of public charges, etc. shall belong to the sub-lease and the subsequent payment shall belong to the sub-lessee. Article 7 (Cancellation of this contract if the sub-lessee fails to pay the rent on more than two occasions, the period from August 7, 2017 to August 7, 2017; and Article 2 of the sub-lease period from August 30, 2017 to August 6, 2019; and

The goods entrusted to the defendant under Article 2(2) of the Sales Entrustment Management Contract shall be as follows:

1. Items: Rent for cell phone calls and auxiliary household appliances, expenses for promotional events, sales staff fees, and other expenses incurred by the Defendant in selling this product;

Article 7 (Term of Validity of this Agreement) The term of validity of this Agreement shall be from August 7, 2017 to August 6, 2019.

Article 11 (Cancellation and Termination) The plaintiff or defendant may terminate this contract by giving written notice to the other party, regardless of the contract duration, in case where the causes falling under any of the following subparagraphs accrue:

The other party violates the provisions of this Agreement or the agreements entered into separately in accordance with this Agreement without justifiable grounds, and makes written or mobile phone text messages.

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