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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning for the court’s explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure
2. Summary of the parties' arguments
A. The Plaintiff and the Defendant extended the delivery date under the instant lease agreement, and agreed to deliver the instant building to the Defendant as a condition that the Plaintiff would be able to make business preparations, such as interior works, even before the completion inspection. Accordingly, the Plaintiff notified the Defendant of the occupancy of the instant building on or around the end of February 2016 and around March 17, 2016. On or around April 8, 2016, the completion inspection on the instant building was completed, but the Defendant unilaterally refused delivery and notified the termination of the instant lease. As such, the Defendant was obligated to pay to the Plaintiff penalty of KRW 50,000,000 and delay damages.
B. By February 28, 2016, the Plaintiff did not deliver the instant building to the Plaintiff by February 28, 2016, as stipulated in the instant lease agreement, and the Defendant notified the Plaintiff to perform the instant lease contract several times, but the Plaintiff did not perform its duty to deliver the leased object, and the Defendant’s termination of the instant lease agreement, thus, cannot comply with the Plaintiff’s claim for penalty.
3. Determination
A. The party's assertion 1) The defendant asserts that the plaintiff agreed to modify the design and complete the completion inspection so that the plaintiff may install stairs in the building of this case so that it can be used as a double floor, and that the plaintiff agreed to deliver it to the defendant. The plaintiff did not agree to modify the design so that it may be installed with the defendant, and that the plaintiff agreed to install stairs by the method of substantial repair at the defendant's expense after undergoing the completion inspection. 2) The plaintiff did not dispute over the judgment, Gap's evidence 1, 5, 10, and Eul's evidence 2.