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1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff falling under the above revocation part.
Reasons
1. Basic facts
A. The Plaintiff (A Co., Ltd. prior to the mutual change on December 31, 2015) entered into an agreement on the F Center with the Plaintiff and Mapo-si (hereinafter “F Center”) with the commission of construction and management of the F Center on the ground of Mapo-si, Mapo-si. On January 26, 2010, the period of consignment between Mapo-si and Mapo-si was determined as from October 5, 2009 to October 4, 2015 (six years) and entered into an agreement on the establishment and operation of the F Center.
B. On October 8, 2009, the Plaintiff entered into a lease agreement with the Defendant with respect to the instant commercial building (hereinafter “instant lease agreement”) with the following content.
1) The Defendant, a lessee, paid the management expenses for the above rent and the leased facilities from October 8, 2009 to October 7, 2015) the deposit amount of KRW 70,000,000, monthly rent of KRW 4,416,650 (excluding value-added tax), and the lease period of KRW 2) the Defendant, a lessee, paid the management expenses for the above rent and the leased facilities by the end of the following month, but if the payment of the rent and the management expenses is delayed, the overdue interest calculated by adding the overdue interest rate of KRW 5 percent to the number of delayed days to the number of days
3) The Plaintiff may terminate the instant lease contract at will at the time of arrears for more than two months. C. The Defendant’s overdue rent and the Plaintiff’s termination notification1) the Defendant paid the Plaintiff the management fee for the common areas of the instant commercial building (hereinafter “public use management fee”) to the Plaintiff is KRW 467,500 per month on a fixed amount. The Defendant did not pay the rent after October 2014 and the public use management fee after November 2014.
2) The Plaintiff, through content-certified mail around January 29, 2015, notified the Defendant that the instant lease agreement may be terminated if the Defendant did not pay the overdue rent by January 31, 2015, and then notified the Defendant that the instant lease agreement was terminated by content-certified mail on February 13, 2015.