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1. All appeals by the Defendant (Counterclaim Plaintiff), counterclaim claims, and claims for return of provisional payment are dismissed.
2. Appeal;
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a lessor of each real estate listed in the attached Table 1 list as a company running the distribution business, real estate leasing and selling business, etc., and the Defendant is the lessee of each of the above real estate as a company running Schlage business and franchise store business.
B. On July 29, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant to lease the entire part, excluding 90.44 square meters of the first floor retail store, among the land listed in paragraph (1) of the attached Table 1 and the buildings listed in paragraph (2) of the same Table (hereinafter “instant building”) to be newly constructed on the land. The main contents are as follows.
The actual area of a building completed as a total of 4,661.8 square meters (1,410.2 square meters) is 4,66.99 square meters (i.e., one story 979.93 square meters per 1 story 962.28 square meters per 962.28 square meters per 962.28 square meters).
[Provided, however, the term of lease under Article 1 (Period of Contract) Article 2 (Period of Contract) of the 2 (Period of Contract) of the 2 (Important Matters in this Agreement) of the 2 (Period of Contract), from the date of commencement of the business of the Defendant to January 31, 2021, the deposit amount of KRW 2.5 million to January 31, 2021, is 12% per annum for the interest rate of KRW 2.5 million (Additionalsesesesesesesesesesesesesesesesesesesesesesesesesesesesese).
Provided, That if the lessee requests in writing the extension of the contract at least three months prior to the expiration of the contract term, it shall be extended by January 31, 2024.
Article 4 (Monthly Rent and Management Expenses) Monthly Rent shall be KRW 2.5 million (Additional Value-Added Tax Map).
Provided, That from February 1, 2018, the rent shall be KRW 2.75 million (excluding value added). From the first day of each month to the last day of each month, the lessee shall pay the rent in cash from the last day of each month (Provided, That in cases of bank holidays, it shall be paid on the following business day). 5. The lessor and the lessee shall enter into a separate building management contract after the commencement of the business, and the lessor shall be the lessee.