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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On January 25, 2012, the Plaintiffs leased the Jongno-gu Seoul Metropolitan Government E-ground Building (hereinafter “instant building”) from the Defendant for the lease deposit of KRW 200 million, monthly rent of KRW 13.2 million (including value-added tax, the last day of each month), and the lease period from March 28, 2012 to March 28, 2017, and thereafter, leased the instant building by paying the lease deposit and operating the restaurant in the instant building until now.
B. At the time of the conclusion of the above lease agreement, the Defendant partially extended the parts of the 2,3, and 4th floor of the instant building. Even if there were some problems in the extension construction, if water was considerably high on the rooftop of the instant building, water leakage phenomenon was found from some on the ceiling of the part of the interior extension of the 4th floor of the instant building, and there is much more than 4 floors. However, the Defendant found water leakage trace of the parts of the extension of the 1,2, and 3th floor from some on the ceiling of the said part.
The defendant notified the plaintiffs of the above leakages and performed the repair work through the construction business operator, but the leakages system was not completely resolved.
The plaintiffs, even on the fourth floor of the building of this case, intended to obtain food customers by installing several tables, but due to such leakages, etc., the plaintiffs used only the fourth floor for the purpose of warehouse, etc. without receiving customers. They received only the first, second, and third floor of the building of this case.
C. After paying KRW 3,300,000, which is a part of the rent for installments on January 3, 2013, the Plaintiffs did not pay the monthly rent up to April 30, 2014 to pay KRW 6,500,000 as partial repayment of the rent for arrears. Accordingly, on May 1, 2013, the Defendant notified the Plaintiffs of the intention to terminate the said lease on the grounds of delinquency in payment of the said two or more terms, and around that time, the said lease was terminated by reaching the Plaintiffs.
【Non-contentious facts, Gap evidence Nos. 1 and 2, evidence Nos. 3-1, 2, 3-3, Eul evidence Nos. 1, 2, 3, 5 and 10, and the result of on-site inspection by this court as a whole.