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1.The judgment of the first instance shall be modified as follows:
The defendant shall make a promissory note in attached Form from the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is running a real estate lease business under the name of “I”. 2) The Plaintiff entered into a lease agreement with Gangnam-gu Seoul Metropolitan Government E and F ground G buildings 3 and 4 (hereinafter “instant building”). D operated cosmetic as the trade name “H” in the instant building (hereinafter “instant trade name”).
3. On December 3, 2015, at the time of termination of the above lease agreement with D, the Plaintiff accepted all of D’s phone numbers, websites, Blogs, paintings, chemical newspapers, customers, office fixtures, fixtures, and the instant trade name, and agreed to exempt D from the obligation to restore the original state to its original state and the cost of restoring the original state.
B. Lease contract between the Plaintiff and B
1. A contract for using facilities, etc.;
(a) Facilities: All tangible and intangible facilities, including space and furniture, required for beauty art business of the instant building;
(b) Period of use: From December 7, 2015 to January 6, 2016;
(c) Monthly user fees of KRW 40,000,000 per month deposited shall be paid in advance every month and shall be paid by the 30th day of the previous month.
2. Continuation of the contract
(a) When the prepaid user fee is paid within the seventh day of the following month, the use contract shall be extended to 30 days, and the total extension shall be within 36 months from the date of conclusion of the contract;
B. B If the instant contract is not deposited to the Plaintiff within the time limit of KRW 40 million per month, it becomes void immediately without any separate contract rescission and termination notice.
3. The penalty B should keep deposited KRW 40 million to the Plaintiff simultaneously with the contract.
However, if the prepaid user fee that B shall pay every month is not paid within the period, the deposit shall automatically revert to the Plaintiff as a penalty.
[Matters of Special Agreement]
1. B shall deposit the monthly rent of KRW 40 million into the account designated by the Plaintiff not later than 18th of the last month following the following month.
2. The user fee shall not be paid by the 18th day of each month.