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(영문) 수원지방법원 2018.08.23 2017가단542112
기타(금전)
Text

1. All principal lawsuit and counterclaims of this case are dismissed.

2. The costs of lawsuit shall be borne by each person in combination with a principal lawsuit and a counterclaim;

Reasons

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

Facts of recognition

On May 4, 2016, the Plaintiff concluded the following lease agreement (hereinafter “instant lease agreement”) with respect to the C Building D and E (hereinafter “instant commercial building”) in the Mag-si from the Defendant (hereinafter “instant commercial building”).

Under the instant lease agreement, the Plaintiff paid KRW 20 million to the Defendant the primary payment out of the instant lease deposit.

Monthly fees 1. Terms and Conditions of the lease contract: The monthly rental fee rate shall be 8-12% (the total sales amount 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 table omitted) (2) Lease deposit: 20 million won (the remaining KRW 180 million shall be paid in 24 months in 200 million on the date of the contract, and the remaining KRW 180 million on the last day of January, 2018 on the last day of 7.5 million on the last day of each month): Article 20 (Termination or Rescission in the event of a breach of a contract) (1) The plaintiff may immediately terminate or rescind this contract if he/she notifies the defendant and urge him/her to perform or correct it, and fails to perform or correct it within 10 days:

2. Where the opening of a business is delayed or the opening of a business is deemed impossible on the designated commencement date due to the lack of preparation for the plaintiff's business, penalty for breach of contract when the contract is terminated due to the reasons falling under paragraph (1) of Article 21 (Imposition of Medium-Term and Penalty) and Article 20 shall be paid to the party who has expressed his/her intention of early termination without the prior notice under paragraph (1).

F, a director of the defendant's operation, is the plaintiff's representative director on March 18, 2017, and "the next week" is the test.

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