해외 부동산-임대차 계약서_영문

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LEASE AGREEMENT

 

This Agreement, made and entered into this [  Date,     Month,     Year  ] by and between [  Company  ], a corporation duly organized and existing under the laws of [  the Republic of Korea  ], having its principal office at [               Address               ](hereinafter referred to as "Lessor") and [  Company  ], a corporation duly organized and existing under the laws of [   Country   ], having its principal office at [               Address               ](hereinafter referred to as "Lessee").

 

NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter, the parties hereby agree as follows:

 

Article 1. Term

The lease under this Agreement (the "Lease") shall be effective for [  5  ] years from [   Date,     Month,     Year ] to [   Date,     Month,     Year ], provided that such term may be adjusted by mutual agreement of the parties.

 

The Lessor shall deliver the premises described as follows to the Lessee by [Date:                           ] in such condition in which the Lessee is able to use the premises or to make a profit there on according to the purpose of the lease, and the term of said lease shall be [ ] year(s) from the date of such delivery.

 

about renewal clause, please note below

This term of lease is for [          ] year, from [Date:        ] to [Date:         ] inclusive. Upon its expiration, this lease may be renewed under such terms and conditions as may be mutually agreed upon by both parties. In the event that the Lessor fails to notify the Lessee of a refusal to renew this Agreement or of the intention not to renew it, failing any change in the terms and conditions, thereof during the period from one (1) to six (6) months prior to the expiration of the term of lease, the said lease shall be deemed to be offered again on the same terms and conditions as before at the time of such expiration. The same shall apply to any case in which the Lessee fails to notify the Lessor thereof at least one (1) month prior to the expiration of the term of lease.

 

Article 2. Leases Properties

Lessor shall lease to Lessee and Lessee shall lease from Lessor those real properties(the "Leased Premises") and facilities, which are particularly described as follows.

Address/Location
Type
Total Area
 
 
 

 

 

Article 3. Rents Fees

The rents fees including as follows and  Lessee shall pay Lessor the Rents Fees on or before the [  1  ] th day of every calendar month in equal installment.

details
electricity, water, gas, telephone and facility rate, etc

 

 

Article N. Security Deposit

The Lessor shall determine the security deposit for the premises described above as follows and lease said premises to the Lessee:

 

Security Deposit shall be [                     ] KRW.

Down payment [           ] Won shall be paid upon the execution of this Agreement.

Intermediate payment [             ] Won Shall be paid on [Date:               ].

Balance [          ] Won Shall be paid on [Date:                ].

 

Article 4. Sale of Office Furnishings and Equipment

4.1  Lessee shall purchase those office furnishings and equipments which are listed as follows.

Furnishings/Equipments
Price
 
 
 
 
 
 

 

4.2  The delivery of the office furnishings and equipments and the payment of the foregoing prices shall be made on [Date,     Month,     Year      ].

 

Article 5. Condition of Premise

5.1  Lessor shall deliver the Leased Premises to Lessee on the Commencement Date clean; and

all walls, foundation, roofs, ceilings, supports, floors, doors, windows, elevators, electrical systems, plumbing fixtures, lighting fixtures, ventilating, air conditioning and heating systems, and other fixtures, equipment, structures or improvements

 

which are part of the Leased Premises shall be in good repair and good operating condition.

5.2  The Leased Premises shall have been maintained in accordance with reasonable and prudent business practices.

 

Article 6. Taxes

6.1  Lessor shall pay, when due, all real estate taxes, and other taxes, duties, assessments and charges which are levied, imposed or assessed upon or against the Leased Promises.

6.2  The Rents Fees of Article 3 are exclusive of any taxes or charges, levied imposed by the taxing authorities and therefore. Lessee shall bear pay such taxes or charges levied or imposed thereby such as value added tax accrued this Agreement.

 

Article 7. Repair and Maintenance

7.1  Lessee shall manage Leased Properties with a good care and have Leased Properties for common use with Lessor in a skillful and appropriate manner as reasonably instructed by Lessor if any, and shall keep them in a good condition reasonable wear and tear excepted. In the event of loss or damage of any kind whatsoever to any item of Leased Properties, Lessee agrees that the culpable party shall be responsible for any loss or damage or destruction of Leased Properties hereunder.

7.2 Lessee shall perform any and all maintenance, repairs which may be necessary to maintain the interior and exterior structural portions and systems of the Leased Properties or a part thereof in such condition in which the Lessee is able to use the premises or to make a profit thereon according to the purpose of the lease.

7.3  Lessor shall have the right to enter upon the Leased Premises from time to time in order to inspect the same and to perform any maintenance, repairs or replacements which Lessor is required to make under the provisions of this Agreement; however this right shall be exercised in such manner as not to unreasonably interfere with Lessee's use and enjoyment of the Leased Premises.

Expenses for the repair and renovation of the relevant premises shall be borne by the Lessor, but those of parts exclusively occupied by the Lessee in the said premises and parts of internal facilities damaged or destroyed by the Lessee and household electric appliances, furniture and fixtures within repair period which are installed in the premises shall be borne by the Lessee.

 

7.4  Lessor shall provide Lessee with reasonable assistance and cooperation with respect to the operation, use, add maintenance in good condition, repair of the Leased Properties, with all costs related, thereto to be borne and paid by Lessee.

7.5  Except as set forth elsewhere in this Agreement, Lessor shall not be required to furnish any services and Lessee hereby assumes the full and sole responsibility for the operation and management of the Leased Premises.

 

Article 8. Alteration

Lessee shall not alter the structure or basic system of the Leased Properties without prior written consent of Lessor.

 

Article 9. Warranty and Indemnification

9.1  Nothing contained herein shall be construed as a warranty that: (i) the Leased Properties shall be free from any defect of whatever kind or nature; (ii) the Leased Properties shall be sufficient and fit for the assembly of the Products.

9.2  Lessor shall not be responsible for, and Lessee shall be responsible and indemnify and hold Lessor harmless from and against any and all expenses, costs (including attorneys fees), damages, losses, legal proceedings, or other claims incurred as a result of or in connection with misuse, abuse, or any other default or negligence of Lessee.

 

Article 10. Termination

10.1  If during the term of this Agreement Lessee shall have as follows; then and in any such event Lessor shall have the right to terminate this Agreement.

Such termination shall be without prejudice to any claims the Lessor may have against Lessee.

(a) be in arrears on payment of rent or the maintenance and repair fee and such default shall continue for a period of [  15  ] days after written notice thereof has been given to Lessee by Lessor; or

 

(b) fail to perform any other duty or obligation imposed by this Agreement and such default shall continue for a period of [  thirty (30)  ] days after written notice thereof has been given to Lessee by Lessor and Lessee are not diligently pursuing a cure of said default; or

(b) The Lessee rebuilds, extends or remodels the premises and its ancillary facilities or makes use thereof for any purpose other than that as originally agreed by the Lessor and the Lessee without the consent of the Lessor; or The Lessee transfers the right of the lease of the premises to any other person or subleases the said premises

(c) be adjudged bankrupt, or if a receiver of any property of Lessee on the Leased Premises be appointed in any action, suit, or proceeding against Lessee and such appointment shall not be vacated or annulled within sixty (60) days, or if the interest of Lessee in the Leased Properties shall be sold under execution or other legal process,

(d) fail to perform any other duty or obligation imposed by this Agreement and such default shall continue for a period of [  thirty (30)  ] days after written notice thereof has been given to Lessee by Lessor and Lessee are not diligently pursuing a cure of said default.

 

10.2. If during the term of this Agreement Lessor shall have as follows; then and in any such event Lessee shall have the right to terminate this Agreement.

(a) The Lessee is unable to occupy the relevant premises within ( ) days after the term of lease commences, due to any serious defect for which it is difficult for him/her to reside in the said premises; or

(b) The Lessor damages or dismantles ancillary facilities or welfare facilities of the relevant premises against the Lessees will; or

(c) fail to perform any other duty or obligation imposed by this Agreement and such default shall continue for a period of [  thirty (30)  ] days after written notice thereof has been given to Lessee by Lessor and Lessee are not diligently pursuing a cure of said default.

 

Article 11. Subletting

The LESSEE shall not directly or indirectly sublet, allow or permit the leased premises to be occupied in whole or in part by any person, form or corporation, neither shall the LESSEE assign its rights hereunder to any other person or entity and no right of interest thereto or therein shall be conferred on or vested in anyone by the LESSEE without the LESSOR'S written approval.

 

Article 12. Surrender

12.1 When this Agreement shall expire or terminate in accordance with the terms hereof, Lessee shall quietly and peaceably deliver possession to Lessor without notice from Lessor other than as may be specifically required by any provision of this Agreement.

12.2  Lessee shall deliver possession of the Leased Properties in as good order, repair, and condition as the same are in at the beginning of the term of this Agreement except (a) as repaired, rebuilt, restored, altered or added to as permitted or required hereby, (b) for reasonable wear and tear and casualty loss, damage, or destruction, and (c) for loss, damage, or destruction caused by negligence of Lessor, its agents, employees or invitees.

 

Article 12. EXPIRATION OF LEASE

12.1 Following the expiration, rescission or termination of this Agreement, the security deposit which the Lessee deposits with the Lessor shall be refunded to the Lessee at the same time the Lessee delivers the relevant premises to the Lessor.

12.2 Any equipment or other fixtures which the Lessee installs in the relevant premises with the consent of the Lessor shall, in principle, be dismantled by the Lessee at his/her own expense: Provided, however, that the Lessee may leave them intact, in the event that the Lessor desires.

 

Article 13. Entire Agreement

13.1  This Agreement constitutes the entire agreement between the parties superseding all prior agreements, negotiations and understandings whether oral or written with respect to the subject matter hereof. Any amendment, modification, supplement or waiver of any term of this Agreement shall be in a writing duly executed by the authorized officer of each party hereto and shall be effective only to the extent specifically set forth in such writing.

13.2  Any waiver, express or implied of any right or default under this Agreement shall not be considered to be construed to be a waiver of any other or subsequent right or breach, and the acceptance of Rent hereunder shall not be construed as a waiver except as to the payment of Rent so accepted.

 

Article 14. Settlement of Dispute and Governing Law

14.1  This Agreement shall be interpreted and governed by the laws of [          ].

14.2  Any dispute arising out of or in connection with this contract shall be finally settled by arbitration in Seoul in accordance with the Arbitration Rules of legal representative.

 

 

 

Lessor                   Lessee

By             [                          ]   [                          ]

Address        [                          ]   [                          ]

Title            [                          ]   [                          ]

Name          [                          ]   [                          ]

 

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