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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to Gap evidence Nos. 4, 5-1, 5-2, 6-1, 2, 3, 7-1, and 12.
On February 25, 2010, the Plaintiff entered into a public property loan agreement (hereinafter “instant loan agreement”) with the merchants’ association in the area 2 of the Gangnam Terminal (hereinafter “Merchant”) with the content of lending the underground shopping mall in the 200 Gangnam Terminal (hereinafter “instant shopping mall”) from February 25, 2010 to February 24, 2020, for a ten-year period from February 25, 2010, the Seocho-gu New Distribution.
B. Afterwards, the merchants' association transferred the status of the instant loan agreement to the Gangnam Terminal, Underground Shopping Complex (hereinafter "instant underground shopping mall") with the consent of the Plaintiff.
C. Article 14 of the instant loan agreement provides that “The matters to which an objection is raised or not prescribed in this contract shall be subject to separate agreements with the project operator”.
In addition, Article 34(1) of the Convention with the said project operator provides that "a project operator shall submit a contract bond equivalent to at least 20% of annual rent to the Corporation as cash or contract guarantee insurance policy within 15 days from the date of designation of the project operator." Article 40(2) of the same Act provides that "advertisements and ancillary facilities inside the Gangnam Terminal shall not be included in the facilities incidental to the project operator, as the contract is concluded between the Corporation and the enterprise: Provided, That in the case of wall, columns, carin advertisements, the management and operation rights shall be entrusted to the project operator, and detailed matters, such as the timing of entrustment, the collection of user fees, and the contract period, shall be concluded later, unless there are any special circumstances."
The instant underground shopping mall is an agreement with the project operator pursuant to Article 34(1) of the Agreement.