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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is a local public enterprise established pursuant to the Local Public Enterprises Act and the Gwangju Metropolitan City Ordinance on the Establishment of the Urban Corporation, and is entrusted and managed by Gwangju Metropolitan City with the management right for Gwangju Dong-gu B through C stores (hereinafter “instant commercial buildings”).
B. On December 1, 2015, the Defendant entered into a lease contract with the Plaintiff and the instant store with the name of “E” as to the amount of KRW 18,240,000, monthly rent of KRW 1,520,000, and the term of lease from November 29, 2015 to November 28, 2017 (hereinafter “instant lease contract”); and until now, the Defendant operates a restaurant with the name of “E” in the instant store.
C. Meanwhile, Article 6 (1) of the Lease Contract of this case provides that "a lessee shall pay the management expenses calculated by the lessor according to the calculation criteria for each item of management expenses by the 25th day of each month," and Paragraph (4) of the same Article provides that "if a lessee becomes an illegal occupant (including a person who occupies part of the underground streets without permission, or who does not know the store until the date determined by the plaintiff after the expiration or termination of the contract)", the management expenses shall be imposed even during the period of illegal occupation.
The Defendant paid to the Plaintiff the unpaid management expenses of KRW 2,038,540 for September 2017, KRW 1,710,640 for October, KRW 1,60 for November, KRW 1,606,230 for November, KRW 1,63,070 for December, KRW 1,571,60 for February, KRW 1,726,190 for March, KRW 1,811,920 for March, KRW 1,639,480 for April, KRW 1,506, KRW 530 for May, and KRW 1,584,530 for June, KRW 1,650 for July, and KRW 18,609 for the unpaid management expenses.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the defendant shall serve the plaintiff a total of KRW 18,609,620, and a copy of the complaint of this case as the plaintiff seeks.