(영문) 서울중앙지방법원 2017.03.30 2014가합54538

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(영문) 서울중앙지방법원 2017.03.30 2014가합54538

임료증액

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 9, 2006 and December 5, 2006, the period of lease on the real estate listed in the separate sheet (hereinafter “instant building”) through a lease agreement and a special agreement entered into with the Defendant (hereinafter “instant lease agreement”) with the Defendant as of December 5, 2006, as follows: (a) after the approval for the use of the instant building, the period of lease was determined as twenty years from the starting date of the Defendant’s business; (b) lease deposit was KRW 5,300,000,000, and monthly rent was determined as follows.

Article 5 (1) Rent shall be the amount equivalent to 4.8% of the net sales of the lessee.

(2) The net sales under Paragraph 1 refer to the net sales on the financial statements of the lessee in accordance with the Accounting Standards in 2002, and shall also apply the Accounting Standards in 2002 at the time of amending the Accounting Standards.

(3) The lessee shall ensure that the rent (except for value added tax) for the amount of KRW 20,00,000 (hereinafter “minimum guarantee rent”) per month is paid to the lessor by the tenth day of the following month during the period of five years (the last day of the month in which the 12-month period from the commencement date of the lease falls, and the period of twelve months thereafter shall be regarded as the next year. The first five-year period shall be referred to as the “first five-year period”).

Even if the rent under paragraph (1) falls short of the minimum guarantee rent, it shall be guaranteed, and if the rent under paragraph (1) exceeds the minimum guarantee rent, the excess shall be paid as a rent, but it shall be settled on a yearly basis in accordance with the settlement method under paragraph (5).

(4) After the lapse of the first period referred to in the preceding paragraph, the amount equivalent to 80% of the average monthly rent of the preceding year (other than surtax) from the sixth year shall be paid to the lessor by the tenth day of the following month as the estimated rent to be paid by the lessee to the lessor, and in fact the lessee shall be the lessor.

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