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Reasons
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(영문) 서울중앙지방법원 2019.07.17 2018가합592618
전대료 청구의 소
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1. The defendant shall be the plaintiff.

(a) The amount of KRW 178,989,926 and KRW 168,976,230 among them shall be fully paid from November 21, 2018.

Reasons

1. Basic facts

A. The plaintiff is a company running a supermarket business, etc., and the defendant is a company running a distribution business, etc.

B. On December 13, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C Co., Ltd. (hereinafter referred to as “C”) to lease a deposit of KRW 500 million, monthly rent of KRW 18 million, and the term of lease from December 14, 2012 to December 31, 2019 (hereinafter “instant lease agreement”).

C. On September 4, 2015, with the consent of C, the Plaintiff entered into a sublease contract with the Defendant with the effect that the instant building will be sub-leaseed as KRW 300 million, KRW 12,000,00 per month, and KRW 12,00,00 per month, and the sublease period from December 1, 2015 to December 31, 2019 (hereinafter “instant sub-lease contract”). The main contents of the instant sub-lease contract are as follows.

Article 1 (Major Matters of Contract): The period for sub-lease of 1,125.16 square meters (excluding the area occupied by E cooperatives and coffee shop among the first floor): December 1, 2015 or December 31, 2019: The deposit for monthly sub-lease of KRW 300 million: The overdue interest rate of KRW 12 million (Additional Tax): 12 percent (applicable when all the monetary payment obligations under this Agreement are not performed) for the wholesale retail business establishment: the contract period under Article 2 (Contract Period) from December 1, 2015 to December 31, 2019.

Article 4 (Lease Fees and Management Expenses)

1. Monthly subleases shall be 12 million won (excluding surtax);

Provided, That the sub-lease shall deliver the object to the sub-lessee as of September 4, 2015, but shall calculate the sub-lease from December 1, 2015.

2. The sub-lessee shall pay the sublease fee from the first day of each month to the last day of each month on the 20th day of each month;

Article 8 (Measures upon Termination of Contract)

1. Where the sub-lease contract is terminated by reason of the expiration, termination, etc. of this contract.

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