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1. Of the judgment of the court of first instance, KRW 5,583,727 against the Plaintiff and its related thereto, from December 25, 2013 to December 19, 2014.
Reasons
1. Basic facts
가. 원고는 비눗방울 체험장을 운영하는 법인이다.
B. On November 2, 2013, the Plaintiff entered into a contract with the Defendant to lease (hereinafter “instant lease contract”) Nos. 101 and 102 of the former underground floor B (hereinafter “instant real estate”) from November 20, 2013 to November 20, 2015, the lease deposit amount of KRW 50 million, and the rent of KRW 3 million from November 20, 2015 (hereinafter “instant lease contract”), and entered into a contract with the Defendant on the same day as the down payment.
4. As part payments, one million won was paid to each Defendant.
Of the terms and conditions of the instant lease agreement, the provisions pertaining to the instant case are as follows.
4. Since the current use of real estate for the purpose of this Agreement requires a mass restaurant or change of use, the lessor is to cooperate in the change of use.
5. The defendant will allow a free use for a period of two months from the date of the remainder payment, and the lessor will fully support the costs of two parking fees.
6. The lessee shall bear the portion of management expenses not paid without compensation.
C. On November 13, 2013, the Defendant sent to the Plaintiff a document evidencing that “the Plaintiff was aware that the instant real estate was leased for business purposes for young children, but the surrounding area of the instant real estate did not comply with the purpose of use as entertainment workers and did not use the instant real estate for two months, but did not comply with the terms and conditions, and thus notify the Defendant of the rescission of the instant lease.” As to this, the Defendant’s above reasons on November 14, 2013 cannot be the ground for the rescission of the instant lease, and if the Defendant did not comply with the terms and conditions of the said lease, the Defendant’s “Defendant” cannot be the ground for the rescission of the instant lease. The Defendant’s payment, intermediate payment, intermediary fee, advertising fee, (b) cost for publication of the instant lease. The Defendant’s pre-paid sales of the ticket and the online ticket.