beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
O's purport.
Reasons
1. On November 23, 2010, the Plaintiff concluded a contract on November 23, 2010, under which the term of lease was set as KRW 100 million from November 24, 2010 to October 31, 2013, the lease deposit was set as KRW 4.2 million per month, and the management fee was set as KRW 558,60,00 per month. On November 29, 2014, the term of lease was extended by October 31, 2015 with the other terms and conditions as are, and the term of lease was extended by October 31, 2015. The Plaintiff entered into an agreement on the change of the term of lease to KRW 575,300 per month (payment of value-added tax, the last day of each month, the payment of value-added tax, the electricity, the water supply, the heating, etc.).
(2) The Plaintiff may terminate the instant lease agreement without prior notice or peremptory notice, where the amount of rent, etc. is overdue. (The Plaintiff may terminate the instant lease agreement without any prior notice or peremptory notice, if the amount of rent, etc. is overdue for at least three months. (The amount of surcharge shall be calculated by adding 5% of the charge upon the lapse of less than one month, 7% of the charge upon the lapse of one month, 9% of the charge upon the lapse of two months, 12% of the charge upon the lapse of three months, and 15% of the charge upon the lapse of three months).
(2) The Defendant occupied and used the instant commercial building upon delivery, and thereafter the instant lease was explicitly renewed, and accordingly, the Defendant continued to operate the coffee shop (trade name: D) in the instant commercial building even after October 31, 2015.
(3) However, from March 1, 2016, the Defendant delayed the rent and management expenses, and on February 1, 2017, the Plaintiff terminated the instant lease contract on the grounds of the overdue rent of at least three years, and sent a notice of certification to the Defendant that “the instant commercial building should be delivered, and the unpaid rent and unpaid management expenses should be paid,” which reaches the Defendant around that time.
(4) As of February 1, 2017, the Defendant is in arrears.