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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2.The judgment of the first instance shall be modified as follows:
Reasons
1. Facts of recognition;
A. The Plaintiff, around 2007, developed idle space within the subway history as a group price, and developed the subway history as a unique communication space, thereby promoting the convenience of urban railroad users and contributing to the promotion of the convenience of urban railroad users and the management rationalization of the Plaintiff. The Defendant participated in the request for proposal of the said development project.
B. On May 27, 2008, the Plaintiff and the Defendant draw up the attached drawings among the first floor underground of the Gasan Station of the Gangseo-gu Seoul Metropolitan Government 1, 343 subway lines 5, the Glsan Station of the Gangseo-gu, Seoul.
1. As to 104 and 155 square meters on board (hereinafter “instant commercial building”) that connect each point of indicated 1,2,3,4, and 11.5 square meters on board, a lease agreement was concluded with regard to the lease deposit of KRW 121,50,000, monthly rent of KRW 13,500,000, and the lease term of KRW 13,500,000 from June 26, 2008 to June 25, 2013 (hereinafter “instant lease agreement”), the main contents are as follows.
Article 6 (Methods for Payment of Rent) (1) The defendant shall pay monthly rent in lump sum to the bank designated by the plaintiff by the end of the relevant month.
Article 8 (Late Payment) If the Defendant fails to pay the rent, management expenses, etc. to be paid by the designated date, the late payment shall be made by adding the amount calculated by applying the overdue interest rate on the household loan of the financial institution designated as the Plaintiff’s saving
Provided, That the foregoing shall not apply to the electricity charges, water charges, etc. on which additional charges, etc. are imposed.
Article 9 (Lease Deposit) (2) In the event of a cause for refund of the lease deposit, the plaintiff shall refund the lease deposit at the request of the defendant after the full order of the specialized store is completed, and no interest shall be paid
Article 11 (Establishment of Facilities and Restoration to Original State) (1) The installation of all facilities necessary for the installation and operation of a "specialized store" and the installation of a "specialized store" shall not exceed the facilities requiring relocation, removal, etc.