점포인도
1. The defendant's appeal is dismissed.
2. The judgment of the court of first instance is ordered according to the expansion of the purport of the claim in the plaintiff's trial.
1. Facts of recognition;
가. 원고는 2012. 4. 26. 피고와 사이에, 서울 은평구 갈현동 439 지하철 3호선 연신내역 지하 1층 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉤, ㉥, ㉠의 각 점을 차례로 연결한 선내 ㉮ 부분 66.5㎡(이하 ‘이 사건 임대차 목적물’이라 한다)에 관하여 임대차보증금 150,121,755원(이후 151,412,598원으로 변경됨), 월 차임 8,340,097원(이후 8,411,811원으로 변경됨), 임대차기간 2012. 4. 26.부터 2017. 6. 28.로 정한 임대차계약(이하 ‘이 사건 임대차계약’이라고 한다)을 체결하였다.
B. The main contents of the instant lease agreement are as follows.
Article 7 (Payment of Management Expenses, etc.) (1) The defendant shall pay management expenses, such as water fees, electricity fees, and other various expenses, by the designated date notified by the plaintiff.
Provided, That electricity charges and electric power facilities attached thereto shall be managed as a customer for self-user under the common use of the transformers concluded between the plaintiff and the Korea Electric Power Corporation, and all the electricity supply contracts shall comply with the terms and conditions of the Korea Electric Power
Article 8 (Late Payment Charges) (1) If the Defendant fails to pay the rent, etc. to be paid to the Plaintiff by the designated date, the Defendant shall pay the overdue charge of 18% per annum for the period of delinquency.
(2) If the defendant fails to pay management expenses, such as electricity and water supply fees, by the designated date, he/she shall pay them in addition to arrears based on relevant statutes.
Article 10 (Penalty) (1) Where a contract is rescinded or terminated due to any cause attributable to the defendant, an amount equivalent to the portion of monthly rent for three months shall be deducted from the rental deposit.
Article 11 (Establishment and Reversion of Facilities) (2) Where this contract is terminated or terminated, the defendant shall restore the facilities related to the operation of the business to the original state at the expense of the defendant.
Article 24 (Compensation for Damages) (3) Where a contract is terminated due to the termination, termination, etc. of the contract, the defendant shall be deemed as delay or refusal.