(영문) 인천지방법원부천지원 2019.05.03 2018가합103272

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(영문) 인천지방법원부천지원 2019.05.03 2018가합103272

건물명도(인도)

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1. The Defendant (Counterclaim Plaintiff) paid KRW 12,768,191 to the Plaintiff (Counterclaim Defendant) and its related amount from October 1, 2018 to May 3, 2019.

Reasons

1. Facts of recognition;

A. On September 9, 2010, the Plaintiff entered into a lease agreement with the Defendant and the third floor of the building listed in the separate sheet (hereinafter “instant building”) with regard to the lease deposit amounting to KRW 50,00,000, monthly rent of KRW 6,00,00 (excluding value-added tax), and from September 9, 2010 to August 31, 2012, with regard to the lease of KRW 214.9 square meters on board (a) parts inside the instant building connected each point in sequence with the Plaintiff (hereinafter “instant store”). The Defendant, upon delivery of the instant store from the Plaintiff, operated the restaurant with the name “C points” as “from that point.”

B. On August 31, 2012, the Plaintiff and the Defendant changed the lease deposit to KRW 10,00,00,000, and the monthly rent to KRW 14% of the Defendant’s net sales (excluding value-added tax) and renewed the lease by February 28, 2014. The lease of this case was renewed by raising the monthly rent to KRW 15% of the Defendant’s net sales on March 1, 2014 and KRW 16% of the Defendant’s net sales on June 1, 2015.

C. On March 1, 2017, the Plaintiff and the Defendant concluded a lease agreement to renew the instant lease, including the following: (a) KRW 32,500,000 of the lease deposit; (b) KRW 16% of the Defendant’s monthly net sales (excluding value-added tax); and (c) from March 1, 2017 to February 28, 2018; and (b) the Defendant paid the Plaintiff KRW 1,00,000 of the credit card settlement terminal lease deposit under the instant lease agreement and KRW 32,50,000.

Article 32 (Delivery, Restoration, etc. of Objects) 1.- 4. (Omission)

3.5. The words “5..” shall be written as written in writing, but shall be written as the original text.

In calculating the amount of damage compensation equivalent to the monthly rent due to the termination of this contract, the monthly rent shall be the average monthly rent for one year before the end of the contract, and the average monthly rent for three months before the end of the contract, whichever is lower.

Provided, That where the actual term of lease is less than one year, it shall be applicable.

유사 판례

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