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1. The Defendant shall pay to the Plaintiff KRW 22,645,563 as well as 20% per annum from August 1, 2017 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On October 12, 2015, the Plaintiff’s representative C leased the first floor F commercial building of the building E (hereinafter “instant commercial building”) on a deposit amounting to KRW 100 million, monthly rent of KRW 3.3 million, premium amounting to KRW 70 million.
B. On October 31, 2016, the Plaintiff operated the instant shopping mall with the Defendant as “G” and entered into a business contract with the following contents (hereinafter “instant business contract”).
Article 1 [Period of Project Contract] ① From November 1, 2016 to October 31, 2017, paragraph (1) is possible through mutual consultation after confirming the results at the expiration of the contract in 2017.
(3) One year, the minimum contract period of the project, shall be observed by both parties.
§ 2 [Contents and Place of Business] ① Contents of Business: Business General, Manager - President (Defendant)
(a) Eul (the defendant; hereinafter the same shall apply) shall make every effort to make all the parts of the operator as the operator and to operate without any loss;
(b) take charge of overall affairs, such as personnel management/cost management/ wage management/logistics management/logistics management;
Article 3 [Terms and Conditions of Contracts] (1) Deposit for a contract shall be KRW 13,350,000, and shall be refunded at the time of expiration of the contract where there is no unpaid amount under paragraph (2) below.
(2) Eul shall transfer all the expenses incurred in each month (logistics expenses, personnel expenses, interest, monthly income, management expenses, etc.) to the accounts of Gap (the plaintiff and the plaintiff; hereinafter the same shall apply) on the 5th of the following month, and shall be subtracted from the monthly rent and interest unpaid deposit immediately.
The operator Eul shall be fully responsible for the unpaid monthly expenses, such as personnel expenses and logistics expenses, and the Gap shall not be responsible.
(b) The monthly payment period shall be from the first day of each month to the last day, and the payment date shall, in principle, be the fifth day of the following month.
Provided, That where the payment date is a holiday, it shall be paid on the day preceding such holiday.
(c) A.