(영문) 부산지방법원서부지원 2019.01.11 2018가단103790

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(영문) 부산지방법원서부지원 2019.01.11 2018가단103790

건물명도(인도)

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1. The defendant shall be the plaintiff.

(a) Indication of the attached drawings among the four floors of the real estate stated in the attached list;

Reasons

1. Basic facts

A. The Plaintiff is a company that leases and operates the real estate indicated in the attached list (hereinafter “instant building”) from C, and the Defendant is a business entity that operates the “E”, which is the franchise store (hereinafter “E”) located in the part of the instant building, by leasing the real estate located in the attached list from C, which is part of the fourth floor of the instant building, with the indication of the attached drawing (i), (ii), (iii), (iv), and (i) the part of the instant building, which are the four floors.

B. On November 2015, the Defendant concluded a sublease contract (hereinafter “the sublease contract of this case”) with respect to the Plaintiff Company and the instant store by setting a deposit of KRW 10,000,000, monthly rent of KRW 13.5% [Provided, That at the time of operating the Home Service (Delivery Services), the net sales shall be 7.7% of the net sales at the time of operating the Home Service (delivery Services) and the value-added tax shall be separately imposed], the lease period (from December 1, 2015 to November 30, 2016) as one year from December 1 to 30, 2016.

The main contents of the sub-lease contract of this case are as follows.

Article 7 of the Mall Lease Agreement (Calculation of Monthly Rent and Management Expenses)

2. Where a lease contract is commenced or terminated on a monthly basis, the rent for the relevant month shall be calculated on a daily basis according to the number of days of use of water for lease purposes;

Article 8 (Calculation and Payment of Rent)

2. Where a lessee pays fees for monthly fixed rate as rents, the following provisions shall apply:

1) The monthly rent means the amount calculated by multiplying the monthly sales received by the lessee by the rate of commission as stipulated in this contract. (2) The sales amount referred to in the preceding paragraph means the net sales except value-added tax included in the sales amount.

3. The tenant shall immediately deposit the sales amount to the lessor, and if the registered amount of the last-time monitor is equal to the amount of cash, the monthly sales shall be the monthly sales, and if the input amount falls short of the registered amount, the monthly sales shall be the registered amount.

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