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(영문) 광주고등법원 2020.01.17 2019나22288
차임
Text

1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional performance below, shall be revoked.

Reasons

1. Basic facts

A. (1) On July 9, 2013, the Plaintiff entered into a lease contract and succeeded to business permission, etc.) with C, and the Plaintiff is a two-story singing practice room of D’s building from C when wooden-si (hereinafter “instant singing practice room”).

2) The Plaintiff’s danran and 3 stories (hereinafter “this case’s danran”) are “each of the instant stores,” including the instant singing practice room.

(1) The term “instant lease agreement” (hereinafter referred to as “instant lease agreement”) as follows:

(2) The Plaintiff succeeded to the instant business license on July 19, 2013, with respect to the instant karaoke machines: KRW 1,500,000 per month, KRW 1,500 per month, and KRW 24 months from July 10, 2013, and the term of lease: KRW 20,000, KRW 2000 per month, KRW 80,000 per month, and KRW 24 months from July 10, 2013). The Plaintiff succeeded to the instant business license on the instant karaoke machines through C, and was succeeded to the instant registration name on August 14, 2013.

B. On March 28, 2015, the Plaintiff entered into a sublease contract with the Defendant and succeeded to business permission, etc. (hereinafter “instant sublease contract”) between the Plaintiff and the Defendant, and the Defendant to sublease each of the instant stores and facilities as follows (hereinafter “instant sublease contract”).

(B) The lower court concluded a sub-lease bond: KRW 20,00,000 per month, KRW 4,000 per month, and KRW 4,00,00 per month, and the term of lease: the special agreement from March 28, 2015 to March 28, 2016 - KRW 20,000 per deposit interest rate per year as permitted. - The Defendant maintained the facility at present. 2) On the other hand, on March 26, 2015, succeeded to the registration of this case and the name of the business license from the Plaintiff.

3) The Defendant paid KRW 20,00,000 to the Plaintiff at the time of the conclusion of the instant sublease contract. The instant sublease contract was renewed on March 28, 2016, March 28, 2017, and March 28, 2018, respectively, once every one year on three occasions. C. The Defendant’s suspension of business and the pre-paid rent 1) after the conclusion of the instant sublease contract.

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