기타(금전)
1. Revocation of a judgment of the first instance;
2. The defendant shall pay to the plaintiff KRW 1,747,00 as well as its full payment from May 1, 2010.
1. Basic facts
A. On April 29, 2008, the Plaintiff entered into a lease contract with the Defendant on a separate basis with regard to the lease sale price of 65 million won, deposit money, 38.5 million won, and the value of the sale price, excluding the lease deposit, with regard to 1 unit of 60,000,000,000,000,000 for 773, Dong-dong, Jung-gu, Seoul Special Metropolitan City (hereinafter “instant lease contract”).
2) Under the lease contract of this case, the Plaintiff and the Defendant determined the specific location of the store by lot after the payment of the above rent, and decided to settle the rent according to the increase and decrease in the size of the store determined by lot (Article 1(2) of the lease contract of this case), and the overdue interest rate on the rent of this case shall be set at 19% per annum (Article 3 of the same contract).
Other major contents are as follows:
Article 4 (Lease-Out Area) (1) The rent-out area of a store shall be the area calculated by adding the area for exclusive use to the area for exclusive use, and the rent-out amount is equivalent to the area for exclusive use by each floor, as such, if there is an increase or decrease in the area for exclusive use after drawing a store, it shall be adjusted by adding up
(2) No purchaser shall raise an objection to the increase or decrease of the exclusive use area of one unit based on the change of a building plan or business plan, adjustment of the formation of a commercial building, results of construction works, etc. in the relevant authorization and permission process, and the increase or decrease of the sale
Article 5 (Lease Deposit) (1) Since the lease deposit included in the sale price is the amount for the exclusive area of one unit by floor, the buyer shall settle the lease deposit according to the lease area of the store allocated after drawing.
(2) Upon termination of a lease contract, a lessor shall be liable to refund the rental deposit out of the rent, and no lessor shall be liable to refund the sale price except for the rental deposit.
Article 6 (Rents)