(영문) 의정부지방법원 2017.07.04 2017노197

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(영문) 의정부지방법원 2017.07.04 2017노197

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

. B B shall pay management expenses and may initiate artificial engineering works on the leased object in consultation with B;

Article 8 (Guarantee Fees and Monthly Rent)

1. Eul shall pay to Gap a KRW 11,000,000,000 per annum ( 11,00,000,000) as the deposit for lease;

2. Eul shall pay Gap a monthly rent of up to 250 billion won by 4% of the amount calculated by dividing the actual sales by 12-month, 4.5% of the actual sales between 250 billion and 350 billion won, and 5% of the actual sales between 350 billion won and 350 billion won, and the payment base date shall be the 10th of the following month after deducting the actual sales from the date of commencement of the business of Eul, etc. as part of the end of each month.

From the conclusion of this Agreement to December 31, 2009, 4% of the actual sales of the preceding month shall be the monthly rent.

Section 13 (Transfer of Rights and Lease before Lease) A may, for the purpose of doing business within the scope of purposes of Section 1 of this Agreement, transfer or sublet all or part of the rights and obligations under this Agreement and the lease to a third party.

* Matters of special agreement

3. A shall agree to transfer or transfer the status of tenant B to the related party (P such as P) of B or conclude a sublease contract.

B) From September 23, 2009, C operates a P volume on the 74,993.85 square meters evidence of the leased part among the 1st to the 5th floor of the instant commercial building as of September 23, 2009, on the basis of data on the 46 pages of the 74,93.85 square meters evidence records (hereinafter referred to as “E”). Each store is to purchase the goods by itself and sell directly to the customers in the position of the seller, without purchasing the goods in advance, by the specific purchasing shop, by selling the goods to the customers. In the event that the customer purchases the goods from the specific purchasing shop and sells the goods to the customer at the same time, C purchases the goods from the specific purchasing shop, and C purchases the remainder after deducting the fee by settling the sales amount on a certain period basis.

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