(영문) 서울동부지방법원 2016.01.15 2015가단110493

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(영문) 서울동부지방법원 2016.01.15 2015가단110493

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 23, 2013, the Plaintiff entered into a lease agreement with the Defendant on the following terms with regard to the mark 1, 2, 3, 4, 5, and ① part of 83 square meters inboard connected each point in sequence with the Defendant (hereinafter “instant real estate”).

(hereinafter “instant lease agreement”). (1) The lease period: from May 1, 2013 to April 30, 2015 (24 months): 200,000,000 won: (3) The rent shall be 27.0% of monthly sales (excluding surtax), and the amount equivalent to 51 million won and value-added tax shall be paid as the rent.

B. Under the instant lease agreement, the Plaintiff and the Defendant, on August 29, 2013, prepared a protocol of compromise by making a compromise under the following provisions in the settlement procedure prior to the filing of a lawsuit (hereinafter “conciliation prior to the filing of a lawsuit”) at the court prior to the filing of a lawsuit (hereinafter “conciliation prior to the filing of a lawsuit”).

① Under a lease agreement entered into with respect to the instant real estate, the Plaintiff shall be paid an amount equivalent to 27.0% of the Plaintiff’s monthly sales (excluding value-added tax) of the Plaintiff’s relevant monthly sales (excluding value-added tax) from May 1, 2013 to April 30, 2015, on condition that 51,000,000 won (excluding value-added tax) shall be paid for the monthly rent, if the Plaintiff falls short of 51,00,000 won.

② The Plaintiff shall deliver the instant real estate to the Defendant by April 30, 2015.

③ The Plaintiff shall deliver the instant real estate to the Defendant without delay where the lease term has been explicitly or implicitly renewed and its termination is terminated.

C. On March 27, 2015, the Defendant sent a content-certified mail demanding the restoration of the instant real estate to its original state upon the expiration of the period of the instant lease agreement. The Plaintiff received the instant lease agreement around that time.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence 2 to 4, and

유사 판례

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-인천지방법원 2019.05.10 2018구합55054

-서울동부지방법원 2018.02.02 2017가단121206

-부산지방법원 2015.08.12 2014가단51493