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서울중앙지방법원 2018.09.13 2016가합550603

1. On March 17, 2017, the Defendant (Counterclaim Defendant) filed against the Plaintiff (Counterclaim Defendant) KRW 246,074,00 and KRW 46,074,00 among them.


A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 11, 2013, the Plaintiff entered into a lease contract and sub-lease contract (hereinafter “F”) with the F Co., Ltd. (hereinafter “F”).

2) From Geumcheon-gu Seoul Metropolitan Government G Ground H Building (hereinafter “instant Condominium”)

(1) Of the buildings listed in the attached Form (3rd floor I, hereinafter referred to as “instant I buildings”)

(2) Dentals with a trade name, i.e., the lease deposit of KRW 20 million, monthly rent of KRW 4 million (the date the monthly rent begins on September 1, 2013), the lease term from June 1, 2013 to May 31, 2023; and (ii) the lease of the instant building for the purpose of dental use; and (iii) from September 25, 2013 to September 25, 2013 to the instant building for the purpose of dental services, i.e., “Ja” (hereinafter referred to as “Ja”)

(2) Defendant B, a company established on August 20, 2013 for the purpose of management consulting, real estate leasing, sub-lease business, etc., and leased all three floors of the instant aggregate building from F.

Accordingly, on November 1, 2013 with F’s consent, the Plaintiff terminated the lease contract with F, and paid KRW 200,000,000 to Defendant B the instant building as the sub-lease deposit, monthly sublease fee of KRW 4,00,000 (excluding value-added tax), from December 1, 2013 to May 31, 2023 during the sub-lease period (hereinafter “sub-lease contract”), and around that time, Defendant B paid KRW 200,000 to the sub-lease deposit.

The contents related to this case among the sub-lease contract of this case are as follows.

Article 5 (Change of Deposit for Lease and Monthly Sublease) (1) Monthly Subleases shall be raised by 5% every two years (based on June 1).

However, only when there is a significant change in the economic situation directly affecting the sub-lease, if the "B" (the plaintiff, hereinafter the same shall apply) requests the reasons for adjustment in writing 30 days prior to the date of the change, and if the "B" (Defendant B) recognizes it, it may adjust the deposit for sub-lease, monthly rent, etc. in consultation with

Article 11 (Termination of Contract and Penalty) (1) "B" shall be as follows: