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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On December 31, 2010, the Plaintiff entered into a lease agreement with the Defendant to lease real estate listed in the attached list owned by the Defendant (hereinafter “instant real estate”) with the terms that the lease deposit is KRW 100,000,000, monthly rent of KRW 2,50,000 (in addition to value-added tax, KRW 1 in advance each month), and the term of lease from February 1, 201 to January 31, 2013 (hereinafter “previous lease agreement”). The main contents are as follows.
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 (Return of Lease Deposit) (1) If the lessee has ordered the lessor to order the lessor to cancel the lease contract or to cancel the lease contract even if it has been terminated or terminated, the lessor shall without delay return the lease 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 22 (Voluntary Termination of Contract) Where a lessee falls under any of the following subparagraphs, a lessor may terminate the contract at will:
(1) Where the prohibition under this contract is violated, two months.