1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 4, 2007, the Plaintiff entered into a lease agreement with the Defendant on March 31, 2013 with respect to the building listed in the separate sheet (hereinafter “instant building”) on the condition that the lease period is not later than March 31, 2013, and the monthly rent without a lease deposit is 12% of the monthly net sales except value-added tax, out of the Defendant’s sales from the Defendant’s business, on the following 10th of the following month (hereinafter “instant lease agreement”). From around that time, the Defendant started the instant building’s business with the trade name “B store.”

B. On May 2012, the Plaintiff and the Defendant entered into an agreement for the extension of the contract (hereinafter “instant agreement”) with the following content:

O Term of lease shall be extended from the date this Agreement is concluded to March 31, 2020.

O The defendant shall implement the New Fran as a new model C for the building of this case at the defendant's expense, and the plaintiff shall consent to the above construction, and actively support the matters of authorization and permission.

O The defendant shall pay monthly rent to the plaintiff in cash on the 10th of the following month by applying the following fee rates based on the net sales, excluding value-added tax, out of the monthly sales from the defendant's business:

The rent for the construction period from April 1, 2017 to March 11, 2017 shall be calculated and paid by applying 10% of the fee per annum to the average sales of the previous year during the construction period from March 11, 2017 to March 31, 2020.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 7 (including virtual number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that at the time of the contract extension agreement of this case, the sales amount of the new interior works and new engineering development to the plaintiff would rapidly increase due to the new interior works and new engineering development, the defendant agreed to set 10% of the monthly net sales amount as monthly rent and set the average monthly rent of KRW 50 million as monthly rent.