The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. The Plaintiff is a company that operates sports halls, provides sports guidance and education consulting (former trade name: C).

B. In around March 31, 2016, the Plaintiff leased the instant sports hall from D to E (hereinafter referred to as “instant sports hall”) for use as a sports hall for the deaf-gu classroom, the period of lease was set at two years from May 1, 2016 to April 30, 2018, and the said sports hall was leased from D to April 30, 2019 (hereinafter referred to as “instant lease agreement”). From May 1, 2016 to April 30, 2018, the term of lease was set at 40,000,000,000, and the said sports hall was leased from D for one year from May 1, 2018 to April 30, 2019.

C. On November 24, 2015, the Plaintiff entered into a sports hall usage fee and royalties agreement (hereinafter “instant usage agreement”) with the Defendant on the terms that the Defendant and the Defendant shall conduct a farming-gu instruction course for its members and pay part of the tuition fees received as a result of the instant sports hall usage fee and royalties (hereinafter collectively referred to as “instant usage fee”) to the Plaintiff.

According to the instant use contract, the Defendant paid to the Plaintiff KRW 5,35,00 as the usage fee for June 1, 2018, and KRW 17,600,00 in total, for four-month usage fees from July 2018 to October 10 of the same year (i.e., KRW 4,400,000 x 4 months) as the usage fee for December 14, 2018; and KRW 4,400,000 as the usage fee for December 11, 2018; and KRW 4,400,000 as the usage fee for December 201, 2018.

E. The Defendant removed from the instant gymnasiums around February 2019.

F. On April 2019, the Plaintiff, instead of imposing the duty to restore the instant sports center upon D, is entitled to KRW 13,200,000 (i.e., KRW 4,400,000 x three months x value-added tax) for unpaid monthly rents from January 3, 2019 to March 3, 2019.