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1. Defendant B’s KRW 5,674,520 as well as 5% per annum from November 9, 2016 to May 11, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The second floor of the building indicated in the attached list (hereinafter “the second floor of the instant D”) was destroyed by the removal of the partition walls or partition facilities after fire around 1995 and the removal of the partition walls or partition facilities did not have a boundary indication among the stores, thereby losing independence in structural structure and use.
B. On January 7, 2014, the Plaintiff entered into a lease agreement with Defendant B on the following terms: (a) part (A) of the leased deposit amounting to KRW 60,00,000,000 (value-added tax; (b) KRW 4,40,000,000 per month for rent (excluding value-added tax; and (c) from January 10, 2014 to October 17, 2016; (d) the lease agreement with the said Defendant, including the lease of KRW 1,2,3,4,5,6,7,8, and 1,000,000,000 won in the ship (hereinafter “instant lease”). The main contents of the said lease agreement are as follows.
Article 5 (Designation of Types of Business) The lessee shall use the leased real estate for the restaurant, and shall not use it for any other purpose.
No lessee may change the designated type of business without the consent of the lessor.
Article 6 (Prohibition of Change in Structure or Use) No lessee may change the structure or use of leased real estate without the consent of the lessor.
Article 7 (Right to Termination of Contract) If the lessee delays the monthly rent at least three times, the lessor may terminate the contract.
If a lessor or lessee fails to perform the obligations prescribed in this contract, the other party may terminate the contract.
Article 9 (Obligation upon Termination of Contract) The lessee shall restore the leased real estate at his/her own expense to its original state and return it to the lessor, and the details of restoration agreed between the lessor and the lessee shall be as stipulated in Article 13.
Article 13 (Special Matters) (2) Of the leased objects, Article 209 (No. 209) is the ownership of E, which is a lessor A and a family relation, and the owner E shall have the power to lease as referred to in 209.