(영문) 청주지방법원 2014.12.09 2014나2021 | 리걸엔진

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(영문) 청주지방법원 2014.12.09 2014나2021

임대료

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

Reasons

1. Basic facts

A. On December 201, the Plaintiff: (a) determined that the Defendant’s right to operate the main points of the trade name “E” (hereinafter “E”), “E,” the 6,7th floor of the building located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu; and (b) purchased the said main points from the Defendant and operated the said main points after purchasing them from the Defendant.

B. On December 16, 201, the Plaintiff leased the instant main points from C with the lease deposit amounting to KRW 50,000,000, monthly rent of KRW 3,300,000 (including value-added tax) and the lease period from December 16, 201 to December 15, 2013, respectively.

C. After that, on March 28, 2012, the Plaintiff and the Defendant entered into an entrusted operation contract under which the Defendant entrusted the instant main points from the Plaintiff (hereinafter “instant contract”). The main contents of the instant contract are as follows.

The monthly rent up to June 30, 2012 for the operation period under Article 2 shall be borne by the Plaintiff, management expenses, public charges, and other all other operating expenses, respectively, by the Defendant, and the monthly rent, management expenses/public charges, and all other operating expenses from September 30, 2012 to September 30, 2012 shall be borne by the Defendant. The monthly rent, management expenses/public charges, and all other operating expenses from October 1, 2012 shall be determined through mutual consultation.

Article 3 Operational Measures

4. The defendant shall be obliged to operate in good faith, and in the following cases, before the expiration of the contract period, the plaintiff promises to the defendant the following shares in order to specify the prescribed amount of compensation:

- In the case of not more than 150,000,000 won: the plaintiff shall prevail.

- In the case of KRW 150,000,000: Plaintiff 130,000,000, and Defendant 20,000,000 - in the case of above 150,000,000: The excess amount shall be jointly distributed by the Plaintiff and the Defendant.

5. After the expiration of the period under this Agreement, the plaintiff and the defendant shall consult about the renewal and give the defendant priority to the extension of the period of time, if they are not traded until the date of the renewal.

Article IVSpecial Agreement

1. This paper.

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