약정금
1. The Defendant’s KRW 30,000,000 as well as the Plaintiff’s annual rate from July 28, 2015 to September 30, 2015, and the following.
1. Basic facts
A. On April 1, 2014, the Defendant is a lessee who leased a pharmacy of 123.38 square meters (hereinafter “instant building”) from D, Gangwon-do Crossing-gun C ground reinforced concrete structure, which is a 123.38 square meters in a lub roof building.
B. On January 10, 2015, the Plaintiff set the instant building as KRW 20,00,000, monthly rent of KRW 1,300,000, and the lease term from February 8, 2015 to February 8, 2017; and the premium of KRW 30,000,000, respectively.
(hereinafter “instant sub-lease contract”). C.
The Plaintiff paid to the Defendant KRW 30,000,000 and KRW 20,000 for the premium, etc.
(The Plaintiff paid KRW 50,000,000 in total, on January 5, 2015, KRW 4,000,000 on January 10, 2015, and KRW 25,000,000 on February 6, 2015, and KRW 20,000 on February 8, 2015)
D. The contract for sub-lease concluded between the Plaintiff and the Defendant states that “If the prescription is less than 60 on an average of 60 months, the full amount of the deposit and the premium shall be immediately returned, the sub-lease shall be cancelled, and the pharmacy shall be deducted” (hereinafter “the instant special agreement”).
On the other hand, the contract states that the plaintiff shall pay to the defendant the above options of KRW 20,00,000 if the prescription is 100,000 as average for three months under the name of "observer".
E. From the beginning date of the lease agreement, the Plaintiff has operated a pharmacy with the trade name “E pharmacy” in the instant building.
F. From February 8, 2015, the Plaintiff paid only monthly rent for one month from February 8, 2015, and thereafter, did not pay monthly rent.
G. The prescriptions received by the Plaintiff’s pharmacy are as follows.
In accordance with the evidence No. 3 and the Plaintiff’s assertion, the Plaintiff asserted the number of prescriptions based on the output of the Plaintiff’s “E-Contracting” information in the pharmacy management program provided by the Korean Pharmaceutical Association.
The results of fact inquiry conducted by the Health Insurance Review and Assessment Service and the Health Insurance Corporation, and No. 6.