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1. The delay of business due to the delay of remodeling works, etc. among the lawsuit in the instant case, the delay of salesroom occupants.
Reasons
1. Facts of recognition;
A. The Defendant is the owner of the 8th floor and the 5th floor E (E) underground located in Busan Shipping Daegu D (hereinafter “E building”).
B. On May 3, 2013, Plaintiff A entered into a lease agreement from the Defendant to May 1, 2016 (hereinafter “No. 1 lease agreement”); and Plaintiff B entered into a lease agreement from the Defendant on May 2, 2013 to May 1, 2016 (hereinafter “No. 2 lease agreement”). From May 3, 2013, Plaintiff B entered into a lease agreement on May 2, 2013 to May 1, 2016 (hereinafter “No. 2 lease agreement”).
The contents of the lease contract shall be identical, and the main contents thereof shall be as follows:
Article 4 (Period of Lease Contract): Article 5 (Rental Deposit) from May 2, 2013 to May 1, 2016: Article 11,389,600 won (seven installments from May 6, 2013 to October 25, 2013) Article 7 (Calculation of Monthly Rent) ① Monthly rent is KRW 8,000 per 1 square meter of the leased area, the total monthly rent is KRW 1,138,600.
(2) The monthly rent under this Agreement shall be calculated from May 17, 2013, which is the starting date of the business.
Article 24 (Cancellation and Termination in Cases of Violation of Contracts) (2) Where any of the following causes occurs, the lessor may cancel and terminate this contract without delay:
5: Where the rent, management fee, etc. is accumulated for at least two months and the lessee fails to pay the rent, management fee, etc., the lessee under Article 29 (Late Payment) shall additionally pay the overdue charge equivalent to 24% per annum for the number of days in arrears, if the monthly rent, management fee, etc. to be paid to the lessor under this lease.
§ 35 (Other) This contract may be amended only by written agreement of the parties.
C. From May 24, 2013, Plaintiff A operated the F garment Burial in the first store, and Plaintiff B operated G garment Burial in the second store.
Plaintiff
A and B, on September 9, 2013, a letter of performance stating the same content to the Defendant (hereinafter referred to as “statement of performance”).