A. The Plaintiff is an execution agent who entered into a comprehensive implementation contract with the company that implements a market reconstruction project at the area of 773 4,144.3m2, Dongdong-gu, Seoul, Seoul, Seoul, which is the land for the Dongdaemun-gu, Seoul, under which the Plaintiff entered into a comprehensive implementation agency contract with the company that newly constructs Madone Commercial Building.

B. In addition, according to the above contract, the Plaintiff acquired the right of lease, including the key money, from the lessees of the Dongdaemun-gu and the Dongdaemun-gu Market, and acquired the right of lease from the newly constructed beer shop, and operated the lease sale (lease sale) of the sectioned shop in the beer shop.

C. Around August 2007, the Plaintiff entered into a lease agreement with the debtor on the first floor (store) underground of Malone Commercial Building Co., Ltd.

On February 2, 2010, the Defendant: (a) opened a set of the first floor of the store underground in the Clone Star day; (b) set a separate store under the Defendant’s lease contract; and (c) set the rent amount depending on the increase or decrease in size.

E. The initial rent was KRW 119,350,00,00; however, due to the increase in the size after a specific store, the rent determined is KRW 172,492,50.

F. The final payment deadline of the rent determined as above is April 30, 2010, and the defendant pays only 119,350,000 won, and the remainder of the sale price and late payment charge (19% per annum) is unpaid until now.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the defendant is obligated to pay to the plaintiff the unpaid sale price of KRW 53,142,50 and damages for delay calculated by the rate of 19% per annum from May 1, 2010 to the date of complete payment, which is the day following the due date for payment, to the day of complete payment, unless there are special circumstances.

B. The defendant's assertion and judgment are that the above lease-sale contract was concluded by false advertisement, and it is an unfair contract.