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1. The judgment of the court of first instance is modified as follows.
The defendants jointly and severally with the plaintiff 276,22,154 won and 133,173.
Reasons
1. On May 20, 2007, the Plaintiff, as the owner of the building of three floors of the steel-framegyll site in Eunpyeong-gu, Seoul and one parcel (hereinafter “instant building”). On May 20, 2007, the Plaintiff leased to the Defendants the second floor of 730.83 square meters, 102.23 square meters of the instant building (hereinafter “instant age club”) and the adjacent parking lots located in Eunpyeong-gu, Seoul. The lease term of the instant age club was from May 20, 2007 to March 19, 2009, lease deposit was KRW 600,000,000, and value-added tax was KRW 12,000,000 per month (excluding value-added tax) and KRW 12,500,000,000,000 (hereinafter “instant parking lot”) and usage fee was set as the lease agreement of 300,000,000.
The main contents of the instant lease agreement are as follows, and the Plaintiff and the Defendants are the Seoul Central District Court 2007Da1478 on August 27, 2007.
The protocol of compromise, the content of which was drawn up
(A) “A” means the Plaintiff, a lessor, and “B” means the Defendants, a lessee). Article 4(3) of the term of lease does not use or was unable to use the leased object, and as long as it is not due to any cause attributable to “A”, “B” must pay Party A the rent as prescribed. Article 5(1) of the Act is prohibited from transferring the right under the lease agreement to a third party (including the transfer of a business establishment) or offering it as security without Party A’s consent, and may not sublet all or part of the leased object or jointly use it with others.
B shall not change the title of occupation, and only the name in the form of B shall be possessed, and the actual operation of the business shall not be allowed by any other person.
Article 6 (Maintenance and Repair of Lease Objects) B shall be responsible for all maintenance and repair of facilities installed according to the needs of B, including electric water, cooling and heating facilities, etc. (including electric water, cooling and heating facilities), and the rate thereof may be claimed to A.