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(영문) 서울중앙지방법원 2017.09.22 2016가합517095

차임등

Text

1. The Defendant shall pay to the Plaintiff KRW 23,484,450 and the interest rate of KRW 15% per annum from April 5, 2016 to the date of complete payment.

Reasons

Facts of recognition

On July 27, 2010, the Plaintiff, the owner of a divided store of 7th 62 square meters (hereinafter “instant store”) on the ground of 4,144.3 square meters in Jung-gu, Seoul, Jung-gu, Seoul (hereinafter “instant store”), leased the instant store to the Defendant for a period of 10 years from the date of the opening of the store for the term of lease, with the lease deposit of 45,605,00 won, monthly rent of 473,000 won (excluding value-added tax) and monthly rent of 473,000 won.

(hereinafter “instant lease agreement”). The main contents are as follows:

Article 3 (Term of Lease Contract and Rights and Duties) (1) The term of guarantee of lease under this contract shall be ten years after the opening of a commercial building, and the lessor shall guarantee the term of lease for ten years to the lessee, and the lessor shall not request the cancellation of the contract during the term of the contract unless any ground for termination of the contract under Article 14 arises.

Article 4 (Monthly Rent) (4) A lessee shall pay a monthly rent calculated from the opening date of the commercial building to the lessor even if he/she is unable to rent up until the opening date of the commercial building prescribed in Article 3.

Provided, That if the lease real estate is not delivered due to a cause not attributable to the lessee, the rent shall be calculated from the time when the lessor provided the lease real estate.

Article 9 (Late Payment) (1) If a lessee fails to pay rents, management expenses, publicity expenses, and all other charges to be borne by the lessee under this contract within the prescribed period, he/she shall pay them by applying the overdue rate, and the overdue rate shall be 5% within one month after the due date for payment and 2% of the unpaid monthly payments every one month after the due date for payment.

Article 11 (Facilities and Operational Facilities within Lease Real Estate) (1) A store to be first provided to a lessee shall be provided in the state of ordinary interior works (a partition, painting, etc.) such as interior interior works in addition to the basic finish of construction.

Article 16 (Entry) (1) A lessee shall rent out the necessary documents requested by the management company.