1. The plaintiff's claim is dismissed.

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

1. On March 2015, the Plaintiff entered into an agreement with the Defendant on KRW 150,00,000 (hereinafter “the instant building”) with respect to deposit money of KRW 118,00,00 (10,000,000 on the date of completion of the contract, the balance of KRW 140,000,000,000,000, and KRW 140,000,000,000,000, and KRW 119,000,000,000,000,000, and KRW 206,80,000,000, and KRW 200,000,000,000, and KRW 16,80,000,00,000 as a lessee’s contractual terms and conditions for the use and benefit of the said real property as lease purpose (hereinafter “the lease agreement”).

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

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff had completed the completion inspection on April 8, 2016 by agreement with the Defendant on the extension of the delivery date under the instant lease agreement, and notified the Defendant that the Plaintiff would move into as stipulated in the instant lease agreement before that date, but the Defendant did not take any measures. As such, the Defendant is obliged to pay the Plaintiff penalty of KRW 50,000,000 as stipulated in the said special agreement and the delay damages therefrom.

B. The Defendant’s assertion that the building of this case was not delivered to the Plaintiff until February 28, 2016 under the instant lease agreement, and the Defendant did not perform the instant lease agreement on several occasions and did not notify the Plaintiff of the performance thereof, thereby cancelling the instant lease agreement. Therefore, the Plaintiff’s claim for penalty cannot be complied with.

3. Each statement in Gap evidence Nos. 3, 5, 6, 10, and 11 regarding the cause of the claim is an agreement with the defendant to extend the delivery date under the instant lease agreement.