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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
In fact, the lessor, the Defendant of the lessor (hereinafter referred to as “A”) and the lessee (hereinafter referred to as “B”) enter into a lease agreement on the following indicated real estate owned by the Plaintiff (hereinafter referred to as “A”):
Article 1 (Term of Lease) Article 1 (Period of Lease) (including a co-owned area of 17 square meters) of the Dongdaemun-gu, Seoul Special Metropolitan City ( Address) shall be from October 1, 2013 to September 30, 2018.
Article 2 (Lease Deposit) (1) B shall pay A the lease deposit of 270,000,000 won (Won 270,000,000) as follows:
1. Down payment (on September 4, 2013): Lee livel million (Won 27,000,000);
3. Balance (Mon 243,00,000) : This billion won (Won 243,00,000) 2 A shall order B to use and benefit from the leased object for the purpose of lease by October 1, 2013.
Article 3 (Monthly Rent) (1) Monthly rent shall be KRW 8,500,000 (Won 8,500,000, value-added tax separate), and Eul shall be paid to A by the method agreed upon with Gap by the first day of each month.
Article 9 (Preservation of Claim) A shall create a first priority mortgage on the building and land in which the subject matter of the lease is located, for the purpose of preserving claims against B as to the lease deposit for the lease deposit for B, and shall be the surety insurance policy (5 years) for the first KRW 180,000 (Won 180,000,000).
Provided, That the expenses incurred in the creation of a collateral security shall be borne by the Gu.
Where damage has occurred to Eul due to failure to order the object of lease to Eul, the amount equivalent to 10/100 of the lease deposit under this contract shall be paid to Eul as damages.
On August 29, 2013, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to 119 square meters of 206.94 square meters of the 1st floor store of the 4th floor building located in Dongdaemun-gu, Seoul Special Metropolitan City (hereinafter “instant store”), and the main text thereof.