The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. On February 2013, the Plaintiff entered into a contract with the Defendant for the lease of the Gyeonggi-do Sungnam-gu Seoul Metropolitan Government C Superior (hereinafter “instant commercial building”) D and E (hereinafter “instant store”) by setting the deposit amount of KRW 50 million, the rent of KRW 3.1 million, and the period of March 3, 2017.

B. At the time of the Plaintiff’s lease of the instant store, the instant store was a single space integrated with the F or G of the instant commercial building, which was used as “H”, and the Plaintiff entered into a contract to lease the instant store with F or G with the instant store and continued to operate “H” in the said space.

C. The store of this case was originally divided into F or G of the commercial building of this case and new and glass walls, and was a separate store located in the space among the second floor of the commercial building of this case.

However, around February 2012, Company I (hereinafter “Nonindicted Company”) entered into a contract to lease the instant store with the F or G of the instant commercial building (hereinafter “instant prior contract”) and integrated the whole space to use six houses for H.

At the time of the instant prior contract, the non-party company agreed with the Defendant that “if the lease contract is terminated, the lessee shall restore the real estate to its original state and return it to the lessor.”

On or after the expiration of the lease term, the Plaintiff performed a construction work to restore the instant shopping mall F or G and the instant store to H’s room prior to the operation of “H,” but did not implement the construction work to separate the instant store from other spaces (such as new and glass walls construction, individual electricity and water supply and drainage facilities construction, etc.) so that the store can be used.

E. The Defendant asserts that the Plaintiff failed to perform its duty of restoration, and that it constitutes the amount of construction cost, KRW 16.5 million.