임관리비 등
1. The text of the judgment of the first instance, including the Plaintiff’s claim expanded and reduced in the trial, is as follows.
1. Facts of recognition;
A. The Plaintiff is a company that delegated the right to occupy and use, and to manage and operate, the shopping mall of an underground shopping mall located in Seoul Special Metropolitan City C (D) (hereinafter “instant shopping mall”).
On February 25, 2014, the Plaintiff filed an application for commencing rehabilitation procedures with the Seoul Central District Court 2014hap32, and received a decision on March 24, 2014.
In the above procedure, as of March 31, 2014, investigation reports were prepared at approximately KRW 3.6 billion in case of the plaintiff's assets, and KRW 63.4 billion in case of the debt.
On February 2, 2015, the rehabilitation court rendered a decision to abolish the rehabilitation plan before authorization pursuant to Articles 286(1)1 and 231 of the Debtor Rehabilitation and Bankruptcy Act on the grounds that the execution of the rehabilitation plan is impossible and it constitutes grounds for exclusion of the rehabilitation plan.
B. (1) On May 17, 201, the Defendant entered into a lease agreement with the Plaintiff with regard to 105 of the instant commercial building (hereinafter “instant lease agreement”) by setting the lease agreement as follows: (a) KRW 441,520,00 (the amount of KRW 177,520,00 among them shall be paid as a deposit; and (b) the remainder of KRW 264,00,000 shall be converted into a monthly rent; (c) monthly rent of KRW 64,00 (the exclusive use area for year 201; and (d) the amount of monthly rent of KRW 64,00,00 (the separate use area for year 201); (c) the period of lease; and (d) one year from the date of completion; and (e) the lease agreement was concluded with respect to the instant commercial building on October 6, 201, with delivery of the said subparagraph 105 to the present day.
(2) Article 3(2) of the Regulations on the Management and Operation of Commercial Building of this case provides that “When a lessee intends to continue to conduct a business, he/she shall make a written request to the managing and operating company (Plaintiff) for the renewal of the lease at least one month prior to the expiration of the contract: Provided, That if the request for renewal is not made, the lease shall be renewed for one year
(3) The instant lease agreement is implied.