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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.
Reasons
1. Basic facts
A. On May 13, 2013, the Counterclaim entered into a lease agreement with the Counterclaim Defendant on a deposit amounting to KRW 15,000,000, monthly rent of KRW 1,200,000, and the lease period from May 13, 2013 to May 12, 2014 with respect to the 15,00,000 square meters of underground floor (hereinafter “instant building”) among the buildings listed in the attached list for dial business.
(hereinafter “instant lease agreement”). B.
On the same day, the Counterclaim Defendant paid KRW 15,00,000 to the Counterclaim Defendant for KRW 15,000,000, and operated the instant building with the trade name “C” in the instant building after receiving delivery from the Counterclaim Defendant.
C. After that, the instant lease contract was terminated, and the Counterclaim Plaintiff delivered the instant building to the Counterclaim Defendant during the course of the instant lawsuit.
[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings
2. Determination on the claim of the Counterclaim Plaintiff
A. The counterclaim Defendant, the lessor of the counterclaim, is obligated to maintain the instant building in the state necessary for the use and profit-making during the term of the contract. The counterclaim Defendant established the main entrance door to the instant building in violation of the Special Act on the Safety Control of Publicly Used Establishments and the Enforcement Rule of the same Act and leased it to the counterclaim.
Accordingly, the Lessee was recommended by the competent fire station to take corrective measures on the grounds of the above violation of the law, and operated the main entrance by removing the main entrance, and the Lessee suffered enormous business loss, and eventually closed the business.
Examining the average sales before the removal of the main entry, the average sales from May 2013 to December 2013 are KRW 10,378,250 per month, and the average sales from January 2014 to October 2014 are KRW 6,941,80 per month, and the main entry door is removed.