1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On June 5, 2010, the Plaintiff entered into a lease operation agreement (Evidence 1) with the Defendant with respect to the DNA telecom located in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant telecom”).

According to the above lease operation contract, the Plaintiff paid KRW 100 million to the Defendant as the contract deposit for the lease and operation of the instant Moel, and paid KRW 12.8 million as profits on the 21st of each month, but the contract period was two years from the date the Plaintiff commenced to lease and operate the instant Moel.

B. According to the above lease operation agreement, the Plaintiff paid the Defendant the contract deposit of KRW 100 million. From October 2010 to December 201, 2010, the Plaintiff paid KRW 38,400,000 as profits (=12,800,000 x 3 months) while leasing and operating the instant cartel.

C. On January 17, 2011, the Plaintiff entered into a joint agreement between the Defendant and a third party with the content that the Defendant re-leases and operates the instant franchise to a third party (Evidence No. 3). The specific content is as follows.

The Plaintiff and the Defendant conclude a contract for partial revision and supplementation of the rental operation agreement concluded on June 5, 2010 as follows:

On June 5, 2010, the Plaintiff shall allow the Defendant to lease the instant her mother, which is currently in lease and operation, to a third party under a lease operation agreement concluded with the Defendant.

Article 2 (Terms and Conditions for Third Party Terms and Conditions)

1. The lease to a third party shall be 30 million won of the rental deposit and 6 million won of the monthly rent;

2. After concluding the instant telecom lease with a third party, the Plaintiff should deliver the instant telecom to the new lessee, including all equipment, without any condition.

3. The Defendant shall vest the Defendant of KRW 50 million out of the deposit for lease generated from the lease of the instant cartel to a third party, and the amount of KRW 50 million shall be the remainder after the Plaintiff returned part of the deposit for lease of the instant cartel.