1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a company that is delegated by Seoul Metropolitan Government with the right to occupy and use, and to manage and operate, the shopping mall of underground shopping mallss located in C Group (hereinafter “instant shopping mall”).

B. On November 19, 2009, the Defendant: (a) leased KRW 518,930,000 (which shall be converted into monthly rent) among the instant commercial buildings from the Plaintiff on a deposit basis; (b) monthly rent of KRW 64,00,00 (which shall be converted into monthly rent); and (c) monthly rent of KRW 64,00/m2 (which shall be set aside as exclusive use area in 201; and (d) monthly rent conversion under a special agreement; (b) determined as “one year from the date of completion of the lease,” and determined as “one year from the date of occupancy” (hereinafter “lease”); and (c) occupied and used the instant commercial building after being delivered on or around October 6, 201, by which a pre-construction employee was issued.

C. On March 24, 2014, the Plaintiff was decided to commence rehabilitation procedures with the Seoul Central District Court 2014hap32, but on February 2, 2015, the Plaintiff was decided to discontinue the rehabilitation plan prior to the authorization on the ground that “it is impossible to implement the rehabilitation plan” on February 2, 2015, the lessee of the instant commercial building did not pay rent, management fee, etc. to the Plaintiff.

The defendant also did not pay rent and management expenses from May 2015, and the sum of unpaid rent and management expenses from September 2015 to September 2015 is 12,903,008 won (i.e., unpaid principal 12,696,562 won, late 206,446 won, and detailed details are as shown in the attached Table).

E. Meanwhile, the instant lease was explicitly renewed pursuant to Article 3(2) of the instant Commercial Building Management Regulations, and the Defendant expressed his/her intent to refuse the renewal by displaying a content-certified mail, stating that “The Plaintiff, on September 1, 2016, may immediately remove the instant lease upon setting the date of surrender, by preparing a security deposit to be returned, and notifying the date of surrender.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 2, 3, 5, 17 (including additional numbers), the purport of the whole pleadings

2. Determination on the cause of the claim.