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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On January 28, 2010, the Songpa-gu Seoul Metropolitan Government Lease Contract concluded (hereinafter “Defendant”) determined the lease deposit amount of KRW 3,795,246,00, monthly rent of KRW 45,181,500, monthly rent of KRW 45,500, and monthly rental fee of KRW 45,181,500, and April 27, 2017 (including July 3, 2017 and three months and period of construction) as Seoul Metropolitan Government Urban Railroad Corporation was established by the Defendant, and the Defendant comprehensively succeeded to all rights and obligations of Seoul Meart; hereinafter “Defendant”). The details are as follows:
Article 4 (1) Term of lease shall be seven years and three months (from January 28, 2010 to April 27, 2017).
Provided, That the starting date of lease shall be calculated from April 28, 2010, and the business shall commence after the completion of construction of all functions rooms and incidental facilities related to historical operation (construction). (2) The period required for development, such as the installation of leased objects, shall be granted within three months from the date of conclusion of the contract, in addition to the period of lease, and the reasonable construction period may be granted at the time of negotiations based on the result of cost analysis, considering business conditions, the history of subway stations, etc.
(3) The Plaintiff shall pay rent even if the Plaintiff fails to manage the leased object during the term of the contract.
Provided, That if it is impossible to operate due to a cause attributable to the defendant, the rent for the object of the lease shall not be paid until the cause is terminated.
(5)