임대료 미납금 중 일부금
1. The judgment of the first instance, including the claim of the Plaintiff’s succeeding intervenor expanded by this court, shall be modified as follows.
Basic Facts
1) On June 2016, the Plaintiff is a 1,093.61 square meters of underground floors and 1,548.41 square meters of underground floors among the F-based buildings in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, Seoul (hereinafter “instant building”) between Defendant C and D (hereinafter “instant building”).
(1) The term “instant lease agreement” refers to a lease agreement with a deposit of KRW 700,00,000 per month, and KRW 70,000,00 per month (excluding value-added tax, and payment at the end of each month) with respect to the lease deposit (hereinafter “instant lease agreement”).
(2) Around that time, the said Defendants paid KRW 700,000 to the Plaintiff the lease deposit, and received the instant business license from Defendant D under the name of Defendant D, and thereafter operated the said sports club in the said building.
Article 2 [Term of Lease] (1) The term of lease of this Agreement shall be from June 2016 / [ from June 2016 (hereinafter referred to as "date of commencement of lease") to June 2017 / [6] day.
(2) If the lessor or lessee fails to give written notice to the other party that he/she has no intention to renew this contract by one month before the expiration of the term of lease under the main sentence of paragraph (1), this contract shall be renewed on a yearly basis, except for lease deposit, monthly rent, management expenses and taxes and public charges.
(1) The lessee shall, at his own expense, maintain, manage and repair the object of the lease, and where this contract is terminated due to the expiration or termination, etc. of the term of lease, the object of the lease shall be restored to its original state, as the existing condition of the date of commencement of the lease.
Article 19 (Name and Restoration to Original State) (1) When this contract is terminated, or when the term of lease expires due to the expiration of the term of lease under the main sentence of or proviso to Article 2 (1), the lessee shall take out all his own property and property within seven days from the expiration date and shall order the lessor to order the whole property of the leased object.
(5) The lessee waives the right of defense and lien for simultaneous performance with respect to the specification of the leased object against the lessor.