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 February 25, 201, the Defendant: (a) between the Plaintiff and the Plaintiff on February 25, 2011, leased KRW 441,520,00 (the KRW 164,930,00 among them shall be converted to monthly rent); (b) monthly rent of KRW 64,00,000 (the basis for exclusive use in year 201, surcharges); and (c) monthly rent of KRW 64,00,00 and monthly rent conversion according to the special agreement; (d) separately setting the lease term as “one year from the date of completion of the lease, and one year from the date of occupancy” (hereinafter referred to as “lease”); and (e) was handed over and used until October 6, 201, by which an employee before completion of the instant commercial building was issued.

C. However, on March 24, 2014, the Plaintiff was decided to discontinue the rehabilitation procedure (property KRW 3.6 billion, debt KRW 63.4 billion), and on February 2, 2015, on the ground that “it is impossible to implement the rehabilitation plan,” and the lessee did not pay rent, management fee, etc. to the Plaintiff.

The Defendant did not pay rent and management expenses from August 2015, and the sum of unpaid rent, management expenses, etc. from August 6, 2015 to October 5, 2015 is KRW 4,882,194 (i.e., unpaid principal KRW 4,848,718).

E. Meanwhile, on September 1, 2016, the instant lease was explicitly renewed, and the Defendant expressed his/her intent to refuse to renew the lease by displaying the content-certified mail stating that “as soon as the date of surrender can be immediately removed, the security deposit to be returned may be prepared and the date of surrender may be known to the Plaintiff.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant shall not pay the plaintiff rent, management fee, late payment charge, etc., unless there are special circumstances.