1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant leased part of the second floor of the Yeonsu-gu Incheon Metropolitan City C building (hereinafter “second floor store”) from SeoND Co., Ltd. (hereinafter “LienND”), and operated the four-day shop shop, etc., and the Plaintiff was its employee.

B. On September 20, 2015, the Plaintiff entered into a contract with the Defendant for acquisition of a second-story store (hereinafter “first-class contract”) with the effect that the Plaintiff would acquire a second-story store (hereinafter “first-class contract”).

(2) On September 1, 2015, the Plaintiff concluded a lease agreement with the Defendant by setting the type of business as the “Nemank” and the “Nemank” with respect to the store for the second and second floors without a deposit for lease from October 1, 2015 to July 30, 2016. The Plaintiff concluded a lease agreement with the Defendant by setting the monthly rent of KRW 1 million without a deposit for lease from September 1, 2015 to April 30, 2016.

The lease contract includes the following contents:

The whole or part of the object of lease shall not be sub-leased, occupied, relocated, or allowed to use or profit from it to a third party, and shall not be entrusted with the management, joint management, etc.

(Article 12(1). The lessee may not claim to the lessor or any other third party the goodwill or the premium or any other similar right for the establishment, and in any case the lessee shall discharge the lessor from liability.

§ 43(c).

(1) On March 24, 2016, the Plaintiff entered into a contract under Article 2 (1) of the Act (hereinafter referred to as “three-story store”) and the Plaintiff, on March 24, 2016, shall have the area of 67.49 square meters for the entire site area

As to the type of business, the type of business was set as “Neman” and the rent was set as 12% of the net sales without a deposit (at least KRW 3 million per month, the term of lease was set from March 14, 2016 to March 31, 2019.

The above lease contract shall be concluded on September 1, 2015.