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(영문) 서울중앙지방법원 2017.11.24 2016가합574678
보증금반환등
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 156,00,000 and KRW 110,000,000 among them, the Defendant (Counterclaim Defendant) shall have the effect on January 14, 2016.

Reasons

1. Basic facts

A. The Defendant, as the whole lessee of the 3rd floor building on which C, D, and E shared 1/3 shares, was operating a restaurant on the 2nd floor of the instant building.

On January 31, 2016, the Plaintiff intended to use the second floor of 903.83 square meters (273 square meters; hereinafter “the preceding building of this case”) from the Defendant among the instant buildings as clothing stores. However, as the entire building of this case cannot be changed to retail businesses, the Plaintiff intended to change its use to retail stores of 300,000 square meters and to operate sales stores for the purpose of exhibition facilities and the remaining 243 square meters.

Article 2 [Right to Use Lease Property] Article 2 (Right to Use Lease Property) "B (the plaintiff refers to the plaintiff; hereinafter the same shall apply)" cannot use the leased property for any type of business other than the designated type of business specified in this lease agreement.

“B” has the right to possess and use the leased object as a lessee.

Article 3 [Term of Lease] This Agreement shall enter into force on the date of conclusion of the contract, and the term of lease for leased objects shall be four years.

Provided, That the fees, etc. may be adjusted and extended every two years under mutual agreement.

The lease period: Article 4 / From February 1, 2016 to January 31, 2020, the lease deposit to be paid to “A” (the defendant refers to the defendant; hereinafter the same shall apply) is the daily amount of KRW 100,000 (the daily amount of KRW 100,000,000).

A rental deposit shall be paid 10% at the time of conclusion of a contract, and 90% at the beginning date of the main construction of the interior project.

“B” shall be paid to “A” a daily amount of KRW 100,000 (excluding KRW 100,000,000, and value-added tax) of the facility fee.

Article 5 [Rent] Total sales of monthly sales commission of less than KRW 14 billion (minimum amount of guarantee) of less than KRW 200,000,000, but less than KRW 700,000,000, but less than KRW 500,000,00 and less than KRW 600,000,000 shall be at least 9% of total sales.

“B” means “B.”

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