(영문) 서울중앙지방법원 2011.04.28 2010가합85480

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2011.04.28 2010가합85480

임대차보증금반환

Text

1. The Defendant’s KRW 1,509,695,000 for the Plaintiff and KRW 6% per annum from January 8, 2010 to April 28, 201.

Reasons

1. Facts of recognition;

A. On July 3, 2007, the Plaintiff was selected as a successful bidder in the bidding procedure for the selection of an operator of convenience stores in the station of the urban railroad 7 line, and on August 27, 2007, the Plaintiff leased the lease deposit amount of KRW 40,529,085,000, the contract amount of KRW 30,193,90,000, the monthly contract amount of KRW 1/60,000, and the lease period of KRW 1,60,000,00 from October 20 to October 19, 2012 (hereinafter “instant lease contract”). The Plaintiff has operated convenience points in this case.

In relation to the claim of this case, the main contents of the above lease agreement and the main contents of the rental management regulations on the defendant side are as follows.

Article 11 (1) Penalty for breach of contract shall be determined by the amount corresponding to the monthly rent for three months at the time of cancellation or termination of contract.

(2) Where a contract is rescinded or terminated due to any cause or change in circumstances attributable to “B”, “A” shall preferentially deduct penalty referred to in paragraph (1) from the rental deposit at the time of cancellation or termination of the contract.

Article 22 (Requirements for Cancellation and Termination (1) "B" shall submit in writing its intention to terminate the contract in the event that the contract is to be terminated due to unavoidable circumstances which prevent the business from continuing, and the forms and required documents for application for termination of the contract shall be as follows

1. Interpretation of Article 29 of the application for termination of a lease agreement (the prescribed form of A) ① If there is an objection to the interpretation of the provisions stipulated in this contract, the “A” and “B” shall be determined through consultation.

2. The provisions related to the lease contract of A shall apply to matters not stipulated in this contract, and if other matters are dissatisfied therewith, the "A" and the "B" shall be determined through consultation in consideration of the Civil Act and the practices of lease, etc.

Article 2 (1) of the Rental Management Regulations shall apply to the business within urban railroad facilities.

참조조문

-민법

유사 판례

-서울중앙지방법원 2011.04.28 2010가합85480

-서울중앙지방법원 2019.06.19 2019가합514998

-부산지방법원 2017.10.17 2016가단347396

-서울중앙지방법원 2020.02.04 2019나10520