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(영문) 서울동부지방법원 2019.08.21 2018나31295
부당이득금 반환
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Facts of recognition;

A. On August 11, 2017, the Plaintiff entered into a contract with the Defendant on the lease deposit of KRW 10,950,00,00 for the lease deposit of KRW 10,950,00, and for the term from September 1, 2017 to August 31, 2022 (hereinafter “instant contract”). The instant contract consists of four parts, including the summary of the lease, the terms of the lease contract, and the terms of the special agreement, and the main contents related to the instant case are as follows. [Abstract] The monthly rent rate is 15% of the monthly sales: value-added tax (including value-added tax, the minimum security monthly rent is 1,09,00 won; 3% of the fixed amount of rent (in the case of the fixed rate of rent, the minimum amount of rent shall be 1,09,000; hereinafter the same shall apply) each year from September 1, 2017 to August 31, 2015>

2. A (the defendant is named; hereinafter the same shall apply) shall be subject to the following provisions in the event that the fees for the fixed rate per month are paid as rent:

(4) In the event that the rent calculated at a fixed rate falls short of the basic rent, the difference shall be paid by the 20th day of the following month in addition to the amount calculated by multiplying the monthly sales of Eul by the rate of commission stipulated in this contract, provided that the rent calculated at a fixed rate is less than the basic rent, the sales shall be made by the 20th day of the following month.

[Attachment 1] Rent rate (where payment is made in fee, the rent settlement date for the leased object A and B shall be two times in total, and the period shall be the five day and twenty days in each month, and the detailed method shall be determined as follows:

However, if it is inevitable to settle accounts due to holidays, exceptions, etc., it shall be from the monthly sales closing date.

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