1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 12, 2011, the Plaintiff entered into a contract with the Defendant for a public property loan agreement (hereinafter “instant contract”) between January 1, 2012 and December 31, 2014 with respect to the instant swimming pool (hereinafter “instant swimming pool”) with the term of the contract, for three years from January 1, 2012 to December 31, 2014, and the first usage fee of which is KRW 171,11,00 (excluding additional taxes); and

B. The Defendant concluded a loan agreement with the Defendant’s Intervenor B prior to the instant contract. On December 31, 201, the Defendant concluded a loan agreement with the Plaintiff regarding the swimming pool as a general competitive bidding method where the period of the loan agreement expires as of December 31, 201.

C. However, B, upon the expiration of its lending contract period, discharged all water used inside the water tank of this case, and the Plaintiff was delivered the water inside the swimming pool with no water.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserts as follows and sought compensation against the Defendant for the alleged damages.

1) The Defendant maintained the water temperature inside the instant swimming pool at an adequate temperature, and has the contractual or good faith duty to obtain the swimming pool from all tenants and deliver it to the Plaintiff as it is, under the contractual or good faith principle. (2) However, at the time of the Plaintiff’s receipt of the instant swimming pool, there was no water inside the swimming pool, and the inside the swimming pool was destroyed so far as it is impossible to operate the swimming pool.

3) Therefore, the Plaintiff was bound to waive the operation of the swimming pool between January 201 and January 4, 2012, when making water in the inside of the swimming pool and raising the water temperature up to 30 degrees above that is suitable for the swimming, and when restoring the inside machinery and equipment necessary for the operation of the swimming pool to its original state, there was considerable time.