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1. The Defendant’s KRW 40,000,000 and its related amount are 5% per annum from January 14, 2019 to January 17, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 13, 2018, the Plaintiff entered into a lease agreement with the Defendant (agent Nonparty C) and the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the entire first and second floors of the building D in Seo-gu, Incheon (hereinafter “instant building”).
With respect to the lease of the building of this case under Article 1 (No. 1) of the Standard Contract for Lease of Commercial Building (No. 1), the lessor and the lessee shall pay, by agreement, deposits and rents as follows:
Deposit: 150,000,000 won in the first intermediate payment: 20,000,000 won in the second intermediate payment: 30,000,000 won (payment made on March 4, 2019): The remainder of KRW 80,000 (payment made on June 4, 2019): 80,000,000 (payment made on December 4, 2019): The rent shall be paid for three months from March 5, 200, in the business revitalization period of KRW 10,000 for three months, and the rent of KRW 6,00,000 shall be paid for 8,00,000 in the future six months, and the rent shall be paid for 10,000,000 won from the date when 10,000,000 won has elapsed.
Article 2 (Term of Lease) The lessor shall deliver the building of this case to the lessee by December 5, 2018, in a condition that it can use the building of this case for the purpose of lease, and the term of lease shall be from the delivery date to December 4, 2023 (60 months).
Article 5 (Cancellation of Contract) A lessee may, before he pays the first intermediate payment (if there is no intermediate payment, before he pays the remainder), a lessor shall repay a double the down payment, and a lessee may waive the down payment and rescind the contract.
【Matters of special agreement】
1. Where the first installment is not paid at a point of three months after the contract is concluded, an objection shall not be raised even if the fraction or the fractional part is short;
5. No rent shall be paid for the period of revitalization of commercial buildings by a lessee for three months, including the period of the interior work after the contract.
B. On November 14, 2018, the following day after the conclusion of the instant lease agreement, the Plaintiff, as a preparatory course for opening the business, paid the Defendant a down payment of KRW 20,000,000.