1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Plaintiff was established around May 12, 2009 for the purpose of managing and operating the shopping mall (hereinafter “D shopping mall”) which is the 7th underground floor in Jung-gu Seoul and the 16th apartment building (hereinafter “D shopping mall”).

The Plaintiff filed an application for the registration of the establishment of the shopping mall in this case pursuant to the Distribution Industry Development Act and received the registration certificate of the superstore from the head of the Jung-gu Seoul Metropolitan Government on April 22, 201, and on September 4, 2013, the head of the Gu accepted the Plaintiff’s report from the operator of the superstore, thereby dealing with the duties such as imposing and collecting management fees and claiming management fees for the unpaid operator of the shopping mall in this case as the qualifications of the operator

B. The defendant is a sectional owner of the E-6451 store located on the sixth floor of the shopping mall building of this case (hereinafter "the store of this case").

C. The Defendant did not pay KRW 2,11,150,00 in total, KRW 1,738,390 and late payment 372,760 for the store management expenses in this case, corresponding to the period from January 2, 2014 to May 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff, a superstore manager of the shopping mall of the shopping mall of this case, the total sum of unpaid management expenses and late payment fees 2,111,150 won with respect to the store of this case, and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from February 18, 2017 to the date of full payment.

3. Judgment on the defendant's assertion

A. Since February 5, 2010, the shopping mall of this case was closed due to the suspension of operation of a power plant, a fraction, an elevator and an escalator, etc. from February 5, 2010, the Defendant is in a state in which normal sales and business activities are impossible, and the Plaintiff is obliged to pay management fees.