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2021 MarsdenLR 660

HIGH COURT MALAYA KUALA LUMPUR
GOGUNG FUSION RESTAURANT (KLCC) SDN BHD & ORS – Appellant
Versus
SURIA KLCC SDN BHD – Respondent


Petitioner Advocates:H P Chuah ,Respondent Advocate: Bailey Leong,Marvin Low

JUDGMENT

Mohd Arief Emran Arifin JC:

Introduction

[1] This is the appeal filed by the Appellants against the decision of the learned Sessions Court Judge that had entered summary judgment under O 14 r 1 Rules of 2012 on 2 April 2021.

Background Facts

[2] At all material times, the Respondent carries out the business of, inter alia owning and managing a shopping centre named 'Suria KLCC' and provides management services of the said retain centre. At all material times, the Respondent is the landlord of the 1st Appellant.

[3] 1st Appellant and Respondent had entered into a Lease Agreement on 26 July 2018 ('Lease Agreement'), the Respondent agreed to grant and the 1st Defendant agree to accept the lease of the premises located at Lot 418-419, 4th Floor, Suria KLCC Shopping Complex ("the Premises)' for a term of 5 years from 1 September 2017 until 31 August 2022 ("Lease Term"). The 1st Appellant was carrying on business in the Premises under the trade name of "Koryo-Won".

[4] The amount of rent payable and/or method of computing the rent payable has been agreed between the Respondent and the 1st Appellant as borne out by the terms of the Lease Agreement as stated in item 11 Schedule 1 as fol


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