콘도호텔 객실 임대차계약서
Condominum Hotel Agreement
REF . NO . . .890012. .
By this Agreement dated July 31st, 1999, the Building and Occupant agree to the following terms and conditions:
Building:
The Suite Building of The Grand Building Seoul on behalf of Donghyun Ltd., Co
Address: The Suite Grand Building, Seoul, 201-1, Hongeun-dong, Suhdaimoon-ku, Seoul, Korea
Occupant Name: Mr. Sakura passport NO.:
Current Address:
Bill To
Suit No.:___________________
Suit Type:____________________ In Building:_________________
Term of Occupancy: Months
Beginning :
Ending: :
Monthly Charge + 10 % Service Charge + 10 %Tax: =Won 189,000
Total Charge: ( ) months x Won 4,550,000 (1) Won
Guarantee payment: 3 months x Won x___________ (2) Won______
Grand Total (1) + (2) Won 40,950,000.-
To be paid before: _______________________, 19__
General Terms and Conditions
1. Use. The Suite shall be used only as a private accommodation as the residence of the Occupant and for no other reason.
2. Charge, Added Charge. The Charge for each period must be paid in cash on the first day of that period at the Building's address to the General Manager or his designee. The Charge must be paid in full without deduction. The Charge for the' first period is to be paid when Occupant signs this Agreement. Occupant may be required to pay ocher charges ("Added Charge") to Building under the terms of this Agreement. Any Added Charge will be billed on a monthly basis and is payable upon receipt.
3. Guarantee. Simultaneously with the execution of this Agreement, Occupant has given the Guarantee to Building in the amount stated above. If Occupant does not timely pay any Charge or Added Charge, Building may deduct from the Guarantee any Charge or Added Charge then due. If Occupant fails timely to perform any obligation under this Agreement, Building may deduct from the Guarantee any costs or expenses-incurred by the Building or damages Building suffers as a result of Occupant's failure, if Building as a result deducts any amount from the Guarantee, Occupant shall, upon notice from Building, replenish the Guarantee by sending to Building an amount equal to the amount deducted by Building. That amount is due, when billed, as a Charge. At all times the amount of Guarantee stated above shall be maintained. If Occupant has fully performed all obligations up to the last day of the Term, then Building will return the Guarantee within twenty (20) days. The Guarantee will bear no interest.
4. Notice. Any bill, statement or notice must be in writing, if to Occupant, it. must be delivered or mailed to the Occupant at the Building. It will be considered delivered on the day mailed or if not mailed, when left at the proper address. The notice period is one calendar month starting the first day of the month following the notice. The notice must be sent by certified mail. Each party must accept and acknowledge the notice given by the other. Building's Obligations;
5. Delivery of possession. The Charge shall be payable as of the beginning of the Term unless Building is unable to deliver possession on such date, in which case the Charge shall then be payable as of the date possession is avail-able. Building shall not be liable for failure to give Occupant possession of the Suite on the beginning date of the Term, but if Building does not deliver possession on the contracted date. Occupant may cancel this Agreement and obtain a refund of money deposited. Building will notify Occupant as to any change in the date possession is available.
6. Service. Building will supply all utilities and maintenance except that Occupant shall pay all telephone charges at hotel rates, and will be included in the monthly Added Charges. Building may discontinue plumbing, elevator, air cooling, electrical and other system services when required due to accident, emergency, repairs or maintenance, until the work is complete and Occupant shall not be entitled to any reduction of Charge or other compensation therefor.
7. Inventory. Building will supply all the furnishings, fixtures and equipment indicated on the attached inventory.
8. Facilities. The Suite Charge shall include use of all facilities of the Swiss Grand Building, including the swimming pool; except that special conditions shall be required for an Occupant to become a member of the Fitness Center, which conditions will be explained upon request. The Occupant may use the Grand Building Business Center for photocopying, telex, fax, word processors and typing at the Building's regular fees for guests, subject to availability. Any such charges will be included in the monthly Added Charges.
9. Liability. Building shall not be liable for any loss, expense, or damage to any person or property, unless due to Building's gross or intentional negligence. Building is not liable to Occupant for permitting or refusing entry of anyone into the Suite Building. Occupant must pay for damages suffered and reasonable expenses of Building relating to any claim arising from any act, omission or negligence of Occupant. Occupant is also responsible for all acts, omissions or negligence of Occupant's family, employees, guests or invitees.
10. Entry by Building. Personnel authorized by the Building may enter the Suite at reasonable hours to repair, inspect, exterminate, install or work on utilities or equipment and perform other work that Building deems necessary or desirable. At reasonable hours during the final three (3) months of the Term, Building may show the Suite to prospective occupants, and the Occupant shall cooperate fully in such showing. Building will give oral or written notice of entry, except in emergency.
Occupant's Obligations;
11. Due Care. Occupant must take good care of the Suite and all equipment, furniture and fixtures therein. Building will maintain the plumbing and electrical systems. Occupant will give prompt notice of any problems with the plumbing and electrical systems, and Occupant will be liable for damages due to failure to give timely notice. Occupant must, at Occupant's cost, make all repairs and replacements whenever the need results from Occupant's act, omission or negligence, if Occupant fails to make a repair or replacement required by reason, of Occupant's act, omission or negligence. Building may repair it and in such case Building's expenses in doing so will become an Added Charge.
12. Liability for property left with Building employees. Building employees are not permitted to drive or care for Occupant's cars or other personal property. Occupant should not leave a car or other personal property with any Building employees. Building is not responsible for loss, theft or damage to any property of any kind left with Building employees or any injury caused by any such property or its use. Building will take reasonable care to deliver messages and personal property left for delivery to Occupant, but does not assume responsibility for such delivery.
13. Alterations. Occupant must obtain Building's prior written consent to' install any "built in" or permanently or semi-permanently affixed decorations, or make alterations or to paint any part of the Suite. Occupant must not change the plumbing, air conditioning or electric systems If such consent is given, any alterations and installations shall become the property of Building and they shall remain as part of the Suite at the end of the Term. Building has, however, the right to demand that Occupant remove the alterations and installations before the end of the Term and return the premises to their original condition.
14. Fire, accident, defects, damage. Occupant must give Building prompt notice of any fire, accident, damage or dangerous or defective condition, if the Suite cannot be used because of fire or other casualty. Occupant is not required to pay Charge for the time the Suite is unusable. Building is not required to repair or replace any fixtures, furnishings or-decorations not originally installed by Building. If the Suite cannot be used because of damage, Building has thirty (30) days to decide whether to effect repairs. Building's decision to repair shall be given by notice to Occupant within thirty (30) days of the damage. If hotel fails to give Occupant notice of its decision within such thirty (30) days. Occupant may cancel the Agreement as of the date of the fire or casualty. The cancellation shall be effective only if notice thereof is given before Building begins to effect repairs or before Building notifies Occupant of its decision to repair. If the fire or other casualty is caused by any act, omission or negligence of Occupant or a guest of Occupant, all repairs will be made at Occupant's expense, and Occupant must pay the full Charge with no adjustment. The cost of the repairs thereby incurred will be Added Charge.
15. Assignment. Occupant may not assign all or any part of this Agreement or all or any part of the Suite or permit any other person to use the Suite without the prior written consent of Building; if Occupant breaches this Section 15, Building has the right to cancel the Agreement as stated in Section 17 below. Unless specifically released by the Building, Occupant remains bound to the terms of this Agreement after an assignment is permitted even if Building accepts money from the assignee or sub-Occupant. The amount accepted will be credited toward money due from Occupant as Building shall determine the assignee or sub-Occupant. Occupant is responsible for acts, omission or negligence of any assignee, any sub-Occupant, and any person invited or allowed in by the Occupant in the Suite or anywhere in the Swiss Grand Building complex.
16. Occupant's duty to obey laws and regulations. Occupant must, at Occupant's expense, promptly comply with all laws, orders, rules, requests and directions of all governmental authorities and Building's insurers. Any notice received by Occupant from any authority or group must be promptly delivered to Building. Occupant may not commit any act which may increase Building's insurance premiums; if Occupant does so. Occupant shall be liable for a pro-rata portion of any increase in insurance premium, as Added Charge.
17. Occupant's default.
A. Building may give Occupant written notice of default stating the type of default. The following are defaults and must be cured by Occupant within the time stated:
1. Failure to pay Charge or Added Charge on time-five (5) working days.
2. Failure to move into the Suite within fifteen (15) days after the beginning date of the Term--ten (10) working days.
3. Continued improper conduct by Occupant violating any rules of the Building or unreasonably disturbing other Occupant-ten (10) working days; provided that if Occupant refuses to immediately cease such disturbance or conduct. Building may in its discretion institute eviction forthwith.
4. Failure to comply with any other term or condition in the Agreement-ten (10) working days.
If Occupant fails after notice from the Building to cure a default in the time stated. Building may correct it at Occupant's expense. Building's costs to correct, any default shall be Added Charge. Building may also in such event cancel the Agreement by giving Occupant a cancellation notice. The cancellation notice will state the date the Term will end, which date may not be less than ten (10) days after the date of the notice. On the cancellation date in the notice of the Term of this Agreement shall end. Occupant must leave the Suite and give Building the keys on or before the cancellation date. Occupant continues to be responsible as stated in this Agreement. If the default can not be cured in the time stated. Occupant must begin to cure within that time and continue diligently until cured.
B. If (1) the Agreement is cancelled, or (2) charge or Added Charge is not paid on time or (3) Occupant vacates the Suite, then Building may, in addition to any other remedies that may be available, take any of the following steps: (a) peacefully enter the Suite and remove Occupant and any person or property, and (b) use eviction or other legal method to take back the Suite.
C. In addition to the foregoing remedies, if this Agreement is cancelled or Building takes back the Suite for any of the reasons noted above, the following takes place:
1. Charge and Added Charge for the un-expired Term becomes due and payable, unless Section 17.D below applies.
2. Building may enter into an Occupancy Agreement with a new Occupant covering the Suite and its contents. The new Occupancy Agreement may be for any term. Building may charge any charge or no charge and in its discretion give allowances to the new occupant. Building may at Occupant's expense do any work Building reasonably feels needed to put the suite in good repair and prepare it for the new occupant. Occupant shall remain liable for all and is not released except as provided by law.
3. Any charge received by Building under any such Agreement with a new Occupant shall be used first to pay Building's expenses and second to pay any amounts Occupant owes under this Agreement. Building's expenses include the costs of obtaining possession and entering into a new Agreement, including but not limited to reason-able legal fees, brokers fees, cleaning and repairing costs, decorating costs and advertising costs.
D. Early Termination. If for a substantiated reason (defined as relocation outside Seoul area, death, leaving Korea permanently) Occupant terminates this Agreement prematurely, the established charge will be recalculated by Building pro-rata based on the actual length of occupancy, provided that any long-term agreement discounts or other reductions shall be deemed forfeited. The Occupant's responsibility from 17(C)(1) will be taken into account. One additional month's charge will be due to facilitate Building's re-charging. In any case, the three-month minimum stay will be applied if Occupant leaves earlier than three (3) months.
E. If Building takes possession of the Suite by court order or under the Agreement, Occupant shall have no rights to return to the Suite.
F. Building may cancel the Occupancy and terminate this Agreement in accordance with its terms without order of the court to the extent permissible by law by sending thirty (30) days written notice.
18. Rules. Occupant must comply with the following Rules. Notice of new Rules may be given from time to time to Occupant.
(a) The comfort or rights of other Occupants must not be interfered with. Annoying sounds, smells and lights are not allowed.
(b) Nothing may be placed on or attached to fire escapes, sills, windows or exterior walls of the Suite or in the hallways or public area, including balcony rails or roof gardens when visible from outside.
(c) Messengers and trade people may not enter residential areas of the Suite Building room unless permitted to pass by the concierge or guard.
(d) Occupant may not change any interior or exterior door lock without prior written approval of the Building. Doors must be locked at all times. Windows must be locked when Occupant is out of the Suite.
(e) Dogs, cats or other animals or pets are not allowed in the Building. Bicycles and similar large items of equipment are not permitted in elevators. Bicycles, motor cycles and other forms of light transport must be kept in the underground parking lot.
(f) Garbage disposal rules must be followed.
(g) Moving furniture, fixtures or equipment must be scheduled with Building.
(h) Improperly parked cars may be removed without notice at Occupant's cost.
19 NO waiver. Illegality. Building's acceptance of occupancy or failure to enforce any term in this Agreement is not a waiver of any of Building's rights. If a term in this Agreement is unenforceable for any reason, the rest of this Agreement shall remain in full force.
MISCELLANEOUS
20. Building unable to perform. This Agreement shall not be ended or Occupant's obligations affected if due to labor trouble, government order, lack of supply. Occupant's act, omission or negligence or any other cause not fully within Building's reasonable control. Building is delayed or unable to (a) carry out any or Building's obligations, (b) supply any service required to be supplied, (c) make any required repair or change in the Suite, or (d) supply any equipment or appliances Building is required to supply. Language.
21. This Agreement is written in the English language, which version shall be controlling in all respects.
22. End of Term. At the end of the Term, Occupant shall leave the Suite and all furniture, fixtures and equipment clean and in good -condition, subject to ordinary wear and tear; remove all of Occupant's property and all Occupant's installations and decorations; and repair any damage so as to return the Suite to its original condition as it was at the beginning of the Term.
23. Agreement binding. This Agreement is binding on Building and Occupant and their heirs, distributees, executors, administrators, successors and permitted assigns.
24. Enforcement. In the event legal enforcement is necessary Building and Occupant submit to the jurisdiction of the Seoul Civil District Court.
25. Representations, changes in Agreement. BY SIGNING BELOW, OCCUPANT ACKNOWLEDGES THAT HE/SHE HAS READ AND FULLY UNDERSTANDS THIS AGREEMENT. All obligations of the Building are set out in this Agreement, and there are no others. This Agreement may be changed only by an Agreement in writing signed by each party.
26. SPECIAL ARRANGEMENTS:
Building: ____________________ Occupant:_________________ By: By:
* Free entrance to the Fitness Club (for 2 person)
* House maid service once a week - Included in rate.
APPENDIX
Hotel Agreement No. IS0934
By this appendix on Hotel Agreement dated ( ), the Hotel and Occupant agree to the following terms and conditions:
Concerned Suite No: ( )
Occupant Name:
Extension Period: From ( ) To ( )
Monthly Charge: Old Rate New Rate
1) Room Rate W W
2)10% Service Charge W W
3)10% Tax W W
4) Total Monthly W W
Special Arrangements:
* Terms & Conditions / Articles are as same as the previous contract No. IS932.
Hotel: The International Hotel Occupant: Ho Dong Kim
Name:_________________ Name:_________________
Titel:___________________ Title:__________________
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