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Reasons
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(영문) 서울고등법원 2017.07.25 2016나2043863
인도등
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1. The first instance judgment, including a claim added and reduced in this Court, shall be amended as follows:

Reasons

1. Basic facts

A. On July 6, 2012, the Plaintiff entered into a lease agreement between Seoul Meart and the Plaintiff with Seoul Meart, a history operator of subway 2 through 4, and five units (D, E Station, C Station, F Station, and 135 square meters in total of idle space within G Station) of “F Station Group B” (135 square meters in total) in Seoul Meart for three years from July 6, 2012 to August 15, 2015. After that, on August 13, 2015, the term of the lease was extended by two years until August 15, 2017, the said term of lease was extended by two years from the expiration of the term of the term of the lease. At the time of entering into the said lease agreement, the Plaintiff secured the right to operate Meart Group B (1 station, 5 station, 2 station, 1 station, 2 station, 1 station, 2 station, 1 station, 2 station, and 2 station.

B. A partnership agreement between the plaintiff and the corporation

1. The plaintiff delivers to theO the main shop leased from the Seoul Mart, and the O pays the deposit money to the plaintiff for the main shop.

3. All the authorities based on the goodwill, such as facilities, equipment, and fixtures of a store, shall be theO, and the O shall be responsible for all the business affairs related to the management and the fund operation incidental to the business;

Provided, That the plaintiff shall exercise his duties and authority concerning the right of lease of a store.

5. This contract is the term of lease stipulated in the lease agreement between the Plaintiff and Seoul metro.

After the expiration of the above period, theO shall restore the main store to its original state and return it to the plaintiff, and the plaintiff shall, in principle, immediately return the deposit to theO, but the contract period may be extended upon mutual agreement by both parties.

11. Monthly sales are expected to be KRW 258 million, and theO shall pay 20% of monthly sales to the Plaintiff as rent and fees each month.

(Separate Value-Added Tax): Provided, That the minimum rent (including fees) shall be 50,160,000 won.

15.O shall in no case assign to third parties the store.

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