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(영문) 수원지방법원 2019.10.24 2018나79049
기타(금전)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

On May 4, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease the C Building D and E (hereinafter “instant commercial building”) under the following major contractual terms:

Under the above lease agreement, the Plaintiff shall pay to the Defendant the monthly rent of KRW 20,000,000 (hereinafter “the down payment of this case”) out of the first payment of the instant lease deposit under the lease agreement (hereinafter “the down payment of this case”): The monthly rent rate of KRW 8-12% (the total amount of the purchase price including value-added tax) as shown below 1-1.

Provided, That for the four-day sale, the monthly fee shall be 5% of the total sales.

(hereinafter referred to as the "Lease") (2) Lease deposit: KRW 200 million (in case of a contract, the remaining KRW 180 million shall be paid for the 24-month period from January 2018 to the end of January 7, 2018): Five-year type of business from the date of lease deposit: Article 20 (Termination and Rescission in Case of Violation of the Contract) of Lone Star Day; (1) Where any of the following causes arises, the Defendant shall be notified to the Plaintiff, and the performance or correction thereof may be notified to the Plaintiff, and if the performance or correction is not performed within ten (10) days, the contract may be terminated or rescinded immediately:

2. Where the opening of the business is delayed or it is deemed impossible to open the business on the designated commencement date due to the lack of preparation for the plaintiff's business, (2) the penalty for breach of contract when the contract is terminated due to the reasons falling under paragraph (1) and Article 20 is agreed to an amount equivalent to 10% of the total usage fees (total sum of the interest on one-year deposit in our bank for the first time deposit in the term of the lease deposit agreed with the plaintiff and the high-priced deposit), and in the case of Article 20, a person who is responsible for the cause thereof, and in the case of the early termination, a person who expresses his intention of early termination without the prior notice under paragraph (1).

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