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1. The Defendant’s KRW 105,955,115 as well as 5% per annum from October 27, 2017 to January 31, 2019 as to the Plaintiff.
Reasons
1. Basic facts
A. On April 17, 2012, the Defendant entered into a lease agreement with the Plaintiff, setting the period of lease from April 17, 2012 to April 16, 2017 as KRW 50,000,000, and the monthly rent for each month shall be paid by multiplying the monthly sales by the agreed rate (hereinafter “instant lease agreement”).
B. The Defendant operated the “E” (hereinafter referred to as the “E” of the instant coffee store in the above leased building.
(c) The following was modified by the rate of rent calculated on March 29, 201, between 164 and 5 million won, and between 15 million won and 30 million won, not less than 1130,000 won but not more than 1235 million won and not more than 40 million won, not more than 134,00 won but not more than 45 million won, not more than 1416,00,000 won and not more than 15,00 won not less than 15,00 won and not more than 50,000 won, not more than 16185,00 won and not more than 60 million won and not more than 176,000 won, and not less than 18 million won, which forms the basis for the calculation of rent by type, as follows:
Sales shall be determined on the basis of an amount excluding value-added tax from total sales.
The “C hotel” issued a coophone that can be used in the coffee store, etc. of this case to the airline crew members, etc., and the Defendant provided beverages, etc. to customers presenting coophones, and received the sales proceeds from the said hotel.
Such telephone sales was not entered into and settled by sales at the sect (POS) set up in the coffee store of this case by the headquarters of this case.
E. The Defendant notified the Plaintiff of the sales amount of sculpphone sales omitted as above to the sales amount of the coffee store of this case and paid the rent calculated on the basis thereof.
F. The Plaintiff sold the instant coffee store building to F and completed the registration of ownership transfer on December 23, 2014.
G. From May 2012 to December 2014, the Defendant’s coffee store in the instant case.