1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 20, 201, the Plaintiff entered into a lease agreement with the Defendant, setting the lease term as KRW 1 billion from February 20, 2011 to February 17, 2021, lease deposit, KRW 61,180,000 (excluding value-added tax), monthly management and maintenance expenses (excluding value-added tax), and KRW 19,820,000 (excluding value-added tax).

B. Since March 2013, the Plaintiff and the Defendant entered into a modified contract with the content that the monthly rent of KRW 64,239,00 (excluding value-added tax), monthly management and maintenance expenses of KRW 19,761,00 (excluding value-added tax), and concluded a modified contract with the content that the monthly rent of KRW 66,200 (excluding value-added tax), monthly management and maintenance expenses of KRW 20,400 (excluding value-added tax), and the monthly management and maintenance expenses of KRW 20,000 (excluding value-added tax) on February 23, 2015.

(hereinafter referred to as the “instant lease contract”) in total, including the original lease contract and each modification contract.

On March 15, 2016, the Plaintiff and the medical corporation D (hereinafter “D”) established by the Plaintiff entered into a lease agreement with the Defendant to the effect that the Plaintiff succeeds to the lessee status under the instant lease agreement (hereinafter “instant lease agreement”). D and the Defendant entered into a lease agreement with the Defendant, setting the lease term from March 15, 2016 to February 17, 2021 with respect to the instant building from March 15, 2016 to February 15, 201, with regard to the instant building, as the monthly rent of KRW 86,60,500 (excluding value-added tax), monthly management and maintenance expenses of KRW 27,50,000 (excluding value-added tax).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination on the legitimacy of the instant lawsuit

A. The Defendant asserted that the instant lease agreement was leased from February 20, 201 to March 15, 2016, and was paid a total of KRW 1,297,518,852 from the Plaintiff during the lease period, but did not perform all the duty to maintain and manage the instant building during the lease period.

Therefore, the plaintiff is liable for damages due to default.