beta
Text
1. Pursuant to the conjunctive claim added by this court, the Defendant shall pay to the Plaintiff KRW 55,146,342 as well as the ancillary claim on March 2017.
Reasons
1. Facts recognized;
A. The plaintiff is a corporation with the purpose of food and beverage retail business, and the defendant is a corporation with the purpose of real estate rental business.
B. On December 2015, the Plaintiff visited the 1st basement and the 5th floor above ground (hereinafter “instant building”) located in Gangnam-gu, Seoul, Seoul, a speech-ro 843 (New-dong) (hereinafter “New-dong”).
However, on the outer wall of the building of this case, a banner stating "2th floor 136th floor" was affixed to the outer wall of the building of this case, and on the second floor of the building of this case, facilities, such as a fireproof room, corridor, etc. made by the previous lessee by remodeling the inside of the building of this case remains, and it was difficult for the plaintiff as the side to accurately confirm the exclusive area of the second floor of the building of this case.
C. On the premise that the area for exclusive use by the second floor among the instant buildings is 436 square meters (132.1 square meters), the number of installed seats is 85, among the two floors of the instant building, the Plaintiff obtained internal approval on the conclusion of the instant lease agreement around December 15, 2015, along with review materials that the monthly average sales amount of KRW 215,730,00, and business profits are expected to be 15.2% of the sales amount, if the Plaintiff operates a restaurant on the second floor of the instant building.
After that, the Plaintiff and the Defendant entered into the instant lease agreement on December 15, 2015 (hereinafter “instant lease agreement”) with the following terms:
(1) Lease object: The lease deposit amount: 300,000,000 (3) lease period: April 1, 2016 to April 1, 2021: (a) the special agreement on the lease amount of KRW 17,000,000 (payment on the last day of each month), other than the rent, on the management expenses (20,000,000 per annum), value-added tax on rent and management expenses, various public charges (electric, water and urban gas charges) shall be borne.
(B) If the Plaintiff delays the rent, management fee, and various public charges for two months, the rate of 28% per annum.