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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On January 16, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) on the lease of KRW 5,523.28 square meters (hereinafter “instant real estate”) from among the first to fourth floors of Suwon-si, Suwon-si, and three-story and the second-story tourist hotel (hereinafter “instant tourist hotel”) owned by the Plaintiff, for the following terms:
Defendant A, the representative director of Defendant A, was jointly and severally guaranteed the obligation under the instant lease agreement of Defendant A on the same day.
Article 2 (Period of Contract) The term of lease of the instant lease is from February 1, 2012 to January 30, 2017 (five years).
Article 3 (Rental Deposit) 800 million won on January 30, 2013, one year (from February 1, 2012 to January 30, 2013) for the term of lease 600 million 2,3,4,5 years (from February 1, 2013 to January 30, 2013) (from January 30, 2017) 1.30,000 won on January 30, 2013, the lessee shall be paid to the lessor as follows:
(3) The security deposit referred to in paragraph (1) and (2) shall be paid by adding money to the existing security deposit.
In other words, additional KRW 200 million is paid once every two years, and the deposit finally becomes KRW 800 million.
(4) Where a lessee fails to pay the rental deposit specified in paragraph (1) by the due date, 24% per annum shall be additionally paid from the following day to the due date.
Article 4 (Lease Fee) (1) A lessee shall pay a lessor a monthly rent of KRW 45 million (excluding value-added tax) on the last day of March 24, 2012.
④ The period of repair of the instant real estate shall be set at two months from February 1, 2012, and the lessor shall be exempt from the subsidy of the repair cost for the lessee, one half-month rent from February 1, 2012 to March 23, 2012.
(5) Where a lessee fails to pay monthly rent at the due date, it shall be paid to the lessor by adding 24% delay damages per annum from the next day to the date of the full payment.
Article 5 (Bags)