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Reasons
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(영문) 울산지방법원 2017.09.20 2017가합21455
약정금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 19, 2012, the Defendant entered into a lease agreement with the Plaintiff on the buildings of Ulsan-gu D ground screen golf course (hereinafter “instant building”) jointly owned by the Defendant and C at the respective share ratio of 1/2, as follows:

(2) On March 20, 201, the lessor shall deliver the said real estate to the lessee by March 20, 2012, in a condition that the lessor is able to use and benefit from the said real estate for the purpose of the lease, and the lease period is from the delivery date to December 31, 2014.

Article 4 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

Matters of special agreement

1. In cases where there is a loss caused by negligence in the use and taking profits of the objects under this contract, the liability shall be for the lessee and shall be restored to the original state;

2. Monthly rent is KRW 3,500,000 from March 20, 2012 to December 31, 2012; monthly rent is KRW 3,80,000 from January 1, 2013 to December 31, 2014.

B. On January 5, 2015, the termination date of the instant lease agreement, the Defendant concluded a new lease agreement with the Plaintiff on the instant building as follows:

(hereinafter “instant modified lease agreement”). 2. Terms and conditions of the contract include deposit of KRW 70,00,000 for rent of KRW 3,800,000,000 for the lease period from the delivery date to December 31, 2015.

Article 4 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

Matters of special agreement

1. In cases where there is a loss caused by negligence in the use and taking profits of the objects under this contract, the responsibilities shall be borne by the lessee and shall be restored to their original state;

2. Where the resale of a lessee is not made until December 31, 2015, the rent shall be from January 1, 2016.

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