The Defendant’s KRW 262,580,000 among the Plaintiff and KRW 35,340,000 among them shall be from June 1, 2015, and KRW 106,340,000.

Facts of recognition

A. On June 19, 2014, the Plaintiff entered into a guest room use contract with the Defendant (hereinafter “instant guest room use contract”).

(1) Term of contract: From August 1, 2014 to July 31, 2015, 2015:

(4) The guest room BLOCK shall be 60 rooms a day and shall be issued monthly tax invoices of the plaintiff in principle.

Provided, That it may be adjusted later through mutual consultation.

⑤ The Plaintiff shall claim the Defendant for the guest room fees regardless of whether the contract is used, by the contract duration, and the Defendant shall pay such fees.

B. On June 5, 2015, the Defendant notified the Plaintiff on June 5, 2015 that the Plaintiff would pay the price only to the guest rooms actually used since June 6, 2015, as a situation in which Chinese travelers cancel the travel.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, and the parties' assertion of the purport of the whole pleadings

A. The defendant is obligated to pay the user fee to the plaintiff regardless of whether the guest room was actually used according to the contract of the plaintiff's use of the guest room in this case.

Nevertheless, the Defendant did not pay KRW 120,90,00 for the passenger room usage fee of May 2015 (including value-added tax; hereinafter the same shall apply), KRW 106,340,00 for the passenger room usage fee of June 2015, and KRW 120,90,00 for the passenger room usage fee of July 2015, and thus, the Defendant is liable to pay the Plaintiff the above passenger room usage fee and damages for delay.

B. The Defendant could not perform the obligation stipulated in the instant guest room use agreement with Defendant Mars. This constitutes “where the obligation is not performed without any cause attributable to both parties” under Article 537 of the Civil Act, and thus, the Plaintiff’s claim for the guest room use fee is unreasonable.

Judgment

A. The defendant's debt stipulated in the guest room use contract of this case.