A. On February 26, 2015, the Mine Medical Foundation (hereinafter “Magitized Medical Foundation”) concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the instant store at KRW 150,00,000, monthly rent of KRW 4,700,000 (excluding value-added tax), management expenses of KRW 5,500 (excluding value-added tax, electricity tax and water tax separate), and the period from March 2, 2015 to September 2, 2017, and agreed to pay the overdue interest of KRW 2.5% (hereinafter “the instant lease agreement”).

B. The Defendant paid 150,000,000 won to the Mine Medical Foundation, and operates a restaurant in the name of “C” after receiving the instant store from March 2, 2016, around March 2, 2016.

C. At the time of the instant lease agreement, the Plaintiff managed the instant building, but thereafter, the Mine Health Foundation terminated the management contract with the Plaintiff, and comprehensively acquired the rights and obligations on the management of the instant building from the Plaintiff on July 31, 2015.

On November 3, 2016, the Suwon District Court rendered a decision to commence rehabilitation procedures by 2016 Ma1048 with respect to the Mine Medical Foundation. On the same day, the Plaintiff, who is a director with the power of representation, was considered a custodian.

On April 24, 2017, the above court decided to authorize the rehabilitation plan.

E. Meanwhile, the Defendant did not pay the rent and management fee from March 2016.

On November 29, 2016, the Plaintiff notified the Defendant to the effect that the instant lease contract is terminated due to the delinquency in rent and management expenses, and the said notification reached the Defendant on November 30, 2016.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3 (including each number, hereinafter the same shall apply), Eul's 1 and 3, and the purport of the whole pleadings

2. Determination as to the cause of action

(a)a party’s assertion;