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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 6, 2014, the Plaintiff and the Defendant concluded a lease contract with the Plaintiff’s monthly sales amounting to KRW 120 million (excluding value-added tax) as to KRW 15% of the Plaintiff’s monthly sales as to KRW 15% of the Plaintiff’s monthly sales as to KRW 10,000,000,000,000 from Seongdong-gu, Seoul, which was trusted by the Defendant, as to KRW 685-696, 208, the second floor B208, and the other main contents are as set forth in the attached lease contract.
B. On November 5, 2014, the Plaintiff sent a written request to the Defendant for cooperation, stating that “it is difficult to operate the business due to poor sales and lack of human resources due to the revitalization of the price; temporary closure from November 24, 2014 to March 2015 due to excessive management expenses and loss of long-term business due to the continuous reduction of sales; and the plan to open the store into a new brand by recruiting employees during the period of suspension; and that the plan to open the store into a new brand would be adjusted from November 24, 2014 to 10% of the sales amount at the time of opening, the Plaintiff suspended the business from November 24, 2014 to the period thereafter.”
C. On February 10, 2015, the Defendant notified the Plaintiff that “The Plaintiff should promptly resume its business as of the previous year’s sales from February 2015, 2015, with a substantial disruptions to the expected rent revenue due to the suspension of business, which is likely to cause business difficulties.” ② On April 27, 2015, the Defendant intended to accept the two-month grace period for the Plaintiff’s request for cooperation, but the Plaintiff did not resume its business until now and did not reply to the Plaintiff’s notification as of February 10, 2015, and the Plaintiff did not resume its business even after the expiration of the period of suspension of business requested by the Plaintiff.” The Defendant notified that “The Plaintiff on March 1 and 4, 2015, as of June 9, 2015, imposed the same amount as the previous year.”