(영문) 부산지방법원 2017.02.09 2016가합45789

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(영문) 부산지방법원 2017.02.09 2016가합45789

임대료 등

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1. The Defendants jointly and severally against the Plaintiff KRW 388,076,731 and KRW 349,166,765 among them, Defendant B shall be jointly and severally liable to the Plaintiff on July 12, 2016.

Reasons

1. Basic facts

A. On February 1, 2008, the Defendants entered into a lease agreement with the former owner of the 2nd underground and the 6nd ground (hereinafter “instant building”) located in the Busan Seo-gu, Busan (hereinafter “instant building”) on the 3rd and 6th (hereinafter “the leased object”) of the instant building, and operated a restaurant with the name of “F”.

B. On March 16, 2009, E, and two others sold the instant building to the Seoul landscape construction (ju). The Defendants concluded a lease agreement with the Seoul landscape construction (ju). On November 4, 2009, the Plaintiff agreed to acquire the ownership of the instant building and succeed to the lessor status of the instant building, thereby concluding a lease agreement with the Defendants on November 11, 2009, and finally concluding a lease agreement with the Defendants (hereinafter “instant agreement”).

[Lease Contract] Article 2 (Contract Term), Article 3 (Deposit and Monthly Tax) from February 1, 2013 to January 31, 2015 (24 months)

1. Guarantee money: 210,000,000 won;

2. Monthly rent shall be the third floor, the sixth floor 22,100,000 (including surtax) and shall be paid on the 15th day of each month.

3. Deposit shall be increased by 5% after two years ( February 1, 2015) and monthly rent shall be increased by 5% each year after the contract is concluded.

- Monthly rent of 3 and 6th floor as from February 1, 2014: 23,205,000 won - deposit to be raised from February 1, 2015: 10,500,000 won

4.B (the defendants) shall separately bear the mining heat costs and pay it on the 15th day of each month and shall be paid by applying 5% of the additional dues in the event of electricity and water supply delay.

Article 4 (Relationships with Delay of Monthly Taxes)

1. The monthly tax payment relationship shall not operate a place of business as it becomes null and void due to the automatic termination of the contract at any time for two months due to the unpaid monthly tax payment relationship, and Gap shall dispose of facilities, fixtures, etc. at any time;

2.The lessee shall pay all monthly rent even if he does not operate his business due to the circumstances of B.

Article 12. The time limit of contract and non-performance of contract

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