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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On February 21, 2013, the Plaintiff entered into a contract with the Defendant to lease childcare facilities in the Gwangju Mine-gu (hereinafter “instant childcare facilities”) (hereinafter “instant primary lease contract”) (hereinafter “instant childcare facilities”), and the details are as follows.
Article 1 (Term of Lease) From February 21, 2013 to February 21, 2015 (two years)
Article 2 (Lease Deposit and Monthly Rent) (1) A rental deposit shall be KRW 10,000,000.
(2) The monthly rent shall be KRW 5,000,000, and the defendant may adjust and determine the monthly rent by seeking consent of a majority of the council of occupants' representatives or more when he/she deems that the operation of the nursery facilities of a lessee is serious after submitting the status of profits (attached documents of revenue and expenditure) after operating the nursery facilities for two months to the council of occupants' representatives.
Rent shall be determined within 5% of the income from childcare fees.
Article 4 (Arrears on Monthly Rent and Management Expenses) The plaintiff shall pay monthly rent, management expenses, etc. agreed on every month in which business rights accrue (applicable to the base date of issuance of a certificate of authorization).
If the plaintiff fails to pay monthly rent, management expenses, etc. by the due date, he/she shall pay the late payment charge to the defendant applying the overdue rate of management expenses for the apartment management rules.
B. On August 6, 2013, the Plaintiff and the Defendant renewed a lease agreement on the instant nursery facilities (hereinafter “instant secondary lease agreement”) and the details thereof are as follows.
Article 1 (Term of Lease) The term shall be two years from April 18, 2013 to April 17, 2015.
On April 18, 2013, from April 17, 2013 to June 17, 2013, Article 2 (Lease Deposit and Monthly Rent) of the monthly rent for rental deposit of KRW 5,000,000 (The base date for the issuance of a certificate of authorization) is the Plaintiff’s business right (applicable to the base date for the issuance of a certificate of authorization).