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(영문) 서울중앙지방법원 2012.10.16 2012가합504077
손해배상(기)
Text

1. As to the Plaintiff KRW 224,205,61 and KRW 131,805,61 among them, the Defendant shall pay to the Plaintiff KRW 92,40,000 from December 15, 201.

Reasons

1. Facts of recognition;

A. The Defendant is a company that runs a new retail business and wholesale and retail business.

B. On October 19, 2005, the Plaintiff entered into a lease agreement with Nonparty C on the lease deposit of KRW 250,000,000, monthly rent of KRW 4,500,000, and from October 19, 2005 to November 14, 2008, the lease term of the said lease was extended from November 15, 2008 to November 14, 201.

C. On November 15, 2005, the Plaintiff entered into a sublease contract between the Defendant and the Defendant with the content that the instant sub-lease E is extended from November 15, 2008 to November 14, 201 by 250,000,000, 10% of the sales of the sub-lease E stores, and the sublease period from October 19, 2005 to November 14, 2008.

The lease contract of this case was terminated on November 14, 201 due to the non-party F and G’s extension of the lease contract with the Plaintiff, and the contract was terminated on November 14, 201, and the F and G directly concluded the lease contract of this case with the Defendant.

E. On July 5, 2006, the Plaintiff entered into a lease agreement with Nonparty Ha on the lease deposit amounting to KRW 200,000,000,000 for the first and second floor stores of the PP in Busan (hereinafter “instant J”) from Nonparty Ha to September 3, 2009, between the lease deposit amounting to KRW 7,00,000 for the rent month, and the lease terming to September 4, 2006.

F. On July 25, 2006, the Plaintiff entered into a sublease contract between the Defendant and the Defendant with the content of sub-lease 150,000,000,000,8% of the sales of sub-lease J stores (minimum rent of KRW 10,00,000, maximum rent of KRW 13,000) and the sublease period from August 21, 2006 to August 20, 2009, and thereafter, on January 4, 2008, the said sub-lease contract fee of KRW 10% of the sales of the J stores.

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