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(영문) 서울중앙지방법원 2015.12.18 2015가단134519
약정금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 6, 2012, the Financial Services Commission rendered a disposition of business suspension against Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) under the Act on the Structural Improvement of the Financial Industry (hereinafter “the Act on the Structural Improvement of the Financial Industry”), and appointed A, an employee of the Defendant, as a manager.

B. On September 5, 2012, the Plaintiff succeeded to and used the branch offices of the Korea Savings Bank by obtaining a contract transfer from the Korea Savings Bank through a contract transfer decision from the Financial Services Commission.

On December 12, 2012, the Plaintiff agreed between the Korea Savings Bank and the Korea Savings Bank on the allocation of expenses for restoration to the original state by six branches leased and used by the Korea Savings Bank (hereinafter “instant agreement”). The main contents are as follows.

On September 5, 2012, the Plaintiff and the Korea Savings Bank shall refer to the agreement on the restoration of the store used by the Plaintiff by succession from the Korea Savings Bank to its original state, and the Plaintiff shall calculate the lease deposit from the date of September 5, 2012 to the business store used by the Plaintiff by succession from the Korea Savings Bank, and the rent and management expenses shall be calculated as 3.2% per annum from the date of the payment from the date of the Korea Savings Bank to the date of the rental contract, and shall be paid to the Korea Savings Bank within five business days from December 12, 2012, which is the date of the conclusion of the said contract.

1. The off-road point, the Gangnam Station point, the Gyeongnam Station point, the road station, the Samsung Station point, and the double-water zone (the address, area, and the date on which the contract expires are omitted); and

2. Cost calculation standard 1) Costs for restoration: The period of a lease agreement between the Corporation and the actual cost of construction: two years (in calculation of the period of lease agreement, two years retroactively before the expiration of the current lease agreement): The period of use of the Korea Savings Bank: the number of days calculated from the commencement date of the presumption of lease agreement by each store to September 4, 2012, which is the day preceding the base date of the transfer of assets and liabilities contract: the calculation of the number of days calculated from the base date of the transfer of assets and liabilities contract ( September 5, 2012) to the end date of the current lease agreement:

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