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1. The Defendant (Counterclaim Plaintiff) paid KRW 31,642,368 to the Plaintiff (Counterclaim Defendant) and its amount from July 12, 2017 to August 9, 2017.
Reasons
1. Factual basis
A. On April 10, 2014, the Plaintiff and the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with respect to the third floor of the building 763, Busan High-dong, Busan High-dong, as follows: (a) the attached drawings No. 2, 2, 3, 4, 5, and 1, connected each point of the following: (b) the attached drawings No. 1, 2, 3, 4, 5, and 1 (hereinafter “instant building”).
(B) Of the terms and conditions of a contract under the following, “A” refers to the Plaintiff, “B,” and “B,” respectively.
1. Type of transaction: Lending fees (to substitute monthly rents and general management expenses): Provided, That direct management expenses (such as electricity, water, gas, etc.) per month shall be separately imposed;
2. Contract term: 5 years from the date of open opening of the commercialland.
3. Fees: 15 percent of total sales (including value-added tax) and 10,000,000 won shall be paid to Gap as a security deposit to guarantee the payment of fees;
Article 4 (Establishment and Change of Facilities) (1) A shall bear part (83,00,00 won) of the expenses for artificial park facilities in his store, and accordingly, B shall issue receipts to the corresponding amount (hereinafter omitted). Article 6 (Obligation of Lessee and Reasons for Termination) A shall fulfill the lessee’s duty of care in using, earning profit from, maintaining and managing the leased object and all facilities leased from A, and in the following cases, A shall be notified to B and required to correct it within 10 days, and if it is not corrected by the due date, A may terminate the contract immediately:
8. If it is found that a business has no intent to continue or it is obviously impossible to continue the business, Section 7 (Compensation for Damages due to Termination of the Contract) (1) in the event that this contract has been terminated even due to any cause attributable to Section 2, and Section 4(1) in respect of the cost of investment in facilities borne by A under this Agreement, the contract shall be terminated with a fixed amount of money during the contract period