(영문) 서울고등법원 2014.08.28 2012나90926

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(영문) 서울고등법원 2014.08.28 2012나90926

손해배상(기)

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1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The status of the party is a sub-lease to the Defendant for the stores to be used directly for the Defendant’s direct sales outlet. The Defendant is a company running a new wholesale and retail business, which transferred the stores to be used directly for the Defendant’s direct sales outlet from the Plaintiff.

B. 1) On October 19, 2005, the Plaintiff entered into a lease contract and sub-lease contract between the Plaintiff and C, between L and L on October 19, 2005, the first floor store (hereinafter “E”) out of the building on the ground, both D and 2 lots of land, both of which are inside and outside of L from L.

(C) The Plaintiff entered into a lease agreement with C to acquire the right of lease of KRW 200 million on the same day, and the lease agreement between C and C on the same day, setting the lease deposit amount of KRW 250 million, monthly rent of KRW 450 million, and the lease term of KRW 4.5 million from October 19, 2005 to November 14, 2008 (hereinafter “E lease agreement”).

(2) The terms and conditions of the above lease agreement are as follows:

1. Rent shall be 4.5 million won per month, and the value-added tax thereon shall be borne by lessees; and

2. Rent and value-added tax thereon shall be paid to a lessor by the remittance method by the last day of each month by the lessee, and the remittance fee shall be paid by the lessee;

3. The calculation of rent shall be applied from December 1, 2005.

Article 6 (Renewal of Contract) A lessee shall notify the lessor of whether the lease is renewed or the lease is renewed one month prior to the expiration of the term of lease in writing.

Article 7 (Transfer and Sub-lease of Right of Lease)

1. A lessee may transfer or sublease all or part of the leased object to a third party with the prior consent of the lessor;

Provided, That all the affairs arising from sub-leases are entirely responsible for the lessee.

(hereinafter omitted) The plaintiff entered into a sublease contract between the two plaintiff and the defendant on November 15, 2005.

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