손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On December 20, 2013, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded a lease agreement with the lessor as the Plaintiff (hereinafter “instant lease agreement”) on the five underground floors located in Seocho-gu, Seoul and three parcels of land, the 15th underground floors of the building (hereinafter “instant building”) located outside Seocho-gu, Seoul, and the 15th underground floors of the building (hereinafter “instant building”), the 1st underground floor H and I, and the 2nd class J and K on the ground (hereinafter “instant leased object”).
The main contents of the instant lease agreement are as follows, and the starting date of lease was set as the date of completion of sale and purchase pursuant to the real estate sales contract for the instant building between Defendant B and D Co., Ltd.
Article 3: Article 4: Article 323, 176, 964 of the monthly rent (excluding value-added tax) and Article 6: On the 10th day of each month: Monthly Management Expenses: Article 27,762,800 of the monthly rent (excluding value-added tax: 6,050 won per square meter), regardless of the commencement date of lease under this Agreement, the lessee shall bear the lease deposit, rent, management expenses, etc., as prescribed by this Agreement, regardless of whether or not the lease begins after the commencement date of lease under this Agreement.
Article 8:Lessee shall obtain authorization and permission from the permitting agency for the object of lease and operate the business at the lessee's responsibility and expense.
(1) Paragraph (1). The lessee shall use the leased object only for the purposes of the type of business specified in the present Agreement, and shall not use the leased object for any other type of business unless the lessor has given prior written consent.
(2) On the other hand, in the indication column of the leased object of the instant lease agreement, the type of business on the first floor is indicated as “gy clubs and food drinks” and the type of business on the first floor and the second floor as “food drinks and sales facilities” respectively. Article 14 of the same Act: In cases where a lessee fails to pay rent, etc. for at least two months, the lessor may immediately terminate this agreement by written notification to the lessee.
Paragraph 2...