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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 31, 2010, the Plaintiff entered into a lease agreement with the Defendant on the following terms (hereinafter “previous lease agreement”) with regard to the real estate listed in the attached list owned by the Defendant (hereinafter “instant real estate”), setting the lease deposit of KRW 100,000,000, monthly rent of KRW 250,000 (excluding value-added tax), and the lease term of KRW 1,50,000 (excluding value-added tax), from February 1, 2011 to January 31, 2013:
A monthly rent of 2.5 million won shall be prepaid on the first day of each month.
General management expenses shall be 2,200 won per deliberation.
Article 11 (Lease Deposit and Monthly Rent) (2) The lessee shall pay monthly rent to the lessor by the payment date, and in the case of arrears, the lessee shall pay the aggregate of 0.2% overdue charge per day.
Article 13 (Management Expenses and Fees for Use of Facilities) (1) A lessee shall pay each month to a lessor, no later than the fourth day of each month, based on the actual expenses, regardless of the following expenses:
(4) If the lessee fails to pay the management expenses, etc. by the agreed deadline, the sum of overdue charges equivalent to 0.2% per day shall be paid to the lessor.
(6) When rents and management expenses are overdue for at least two months, appropriate sanctions may be taken, such as termination of a contract, suspension of operation, suspension of business, etc.
Article 16 (Refund of Rental Deposit) (1) Where a lessee has ordered the lessor to order the lessor to cancel or terminate the lease contract, the lessor shall immediately return the rental deposit.
Provided, That it shall be refunded after deducting various expenses, such as rent and management expenses, and other expenses to be paid by the lessee.
Article 18 (Nameing and Reinstatement) (2) A lessee may not request a lessor to recover any premium or time facility at the expiration of the lease term, and the lessor may request the lessor to restore it to its original state.