1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On July 31, 201, the Plaintiff entered into a public property consignment contract (hereinafter “instant consignment contract”) with the Seoul Special Metropolitan City Facility Management Corporation and the Jung-gu Seoul Special Metropolitan City Office, C, and D Underground E-Road stores (216 stores, number of stores subject to contract 213 stores), setting the period from November 9, 201 to November 8, 201 (hereinafter “instant consignment contract”) and has the authority to use, manage, and operate the said stores, including beneficial rights.

B. The Defendant leased and operated 429,430 stores (attached Form 1, 22, 3, 44, and 1; hereinafter “instant store”) in the said commercial building from the Seoul Special Metropolitan City Facility Management Corporation (hereinafter “instant store”) and operated the said store in sequence, which is 39.40 square meters connected each point of the said building, and the lease period was expired on November 8, 201, but did not enter into a new lease contract due to the unpaid rent, management fee, etc.

C. From November 9, 2011 to November 8, 2016, the Plaintiff entered into a new lease agreement to lease the instant store to the Defendant with the amount of KRW 16,147,200 per annum (where the payment is made as a performance guarantee insurance policy, the annual interest shall be paid in equal installments every month) and monthly rent of KRW 672,80 (Additional Tax separately) (where the payment is made as a payment guarantee insurance policy, the annual interest of KRW 6% per annum).

(hereinafter “instant lease agreement.” The instant lease agreement provides for compensation for the amount equivalent to 10% of the total amount of the rent (the total amount calculated by adding the interest rate of 6% per annum and monthly rent for the rental deposit during the term of the contract, and the total construction cost, etc. due to the installation of convenience facilities, if the Defendant has delayed payment for at least three months without justifiable grounds (Article 9(3)). If the contract is terminated due to a cause attributable to the lessor or lessee under the instant contract, the termination contractor shall compensate for the amount equivalent to 10% of the total amount of the rental fee

(Article 10) provides for each subparagraph. D.

On April 10, 2012, the Plaintiff was paid by the Defendant to the Defendant for the instant store.