1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The plaintiff's claim extended in the trial is dismissed.

3...

1. Basic facts

A. On May 23, 2012, the Defendant purchased the buildings listed in the attached list (hereinafter “instant telecom”) in the auction procedure for real estate rent, and commenced the construction work for expanding the existing 28 guest rooms from around that time to 45.

B. On June 8, 2012, the Plaintiff entered into a lease agreement with the Defendant with the terms of KRW 200,000,000 for the lease deposit (20,000,000 for the part payment, KRW 100,000 for the part payment, KRW 80,000 for the remainder payment, KRW 11,00,000 for the monthly rent (excluding value-added tax, prepaid), and KRW 11,00,00 for the lease period (hereinafter “instant lease agreement”) from August 30, 2012 to August 30, 2014.

C. At the time of the conclusion of the instant lease agreement, the Plaintiff and the Defendant determined the part to be leased by reflecting the result of the construction work for the extension of guest rooms as “45 whole room for the ground room (excluding the first floor singing room and the second floor singing room).” In relation to nonperformance and damages, the Plaintiff and the Defendant notified the lessor or the lessee in writing to the person who failed to perform the obligations under the instant lease agreement, and the other party may cancel the relevant contract. The contractual party may claim damages arising from the termination of the contract respectively from the other party, and, unless otherwise agreed, deemed the down payment as the basis for compensation

In addition, the instant lease agreement entered as the special terms and conditions, “1. Internal facility costs and other fixtures are installed by a lessor. In the event of a monthly arrears, the interest shall be calculated in two copies. A monthly payment shall be calculated from the date of occupancy.”

The Plaintiff paid the Defendant a deposit of KRW 200,000,000 to the Defendant, but the guest room expansion work delayed, and began to operate the business under the trade name “Cururel” upon delivery of the instant telecom from the Defendant around May 21, 2013.

The plaintiff and the defendant paid monthly tax on January 1, 200 among the special terms and conditions of the lease agreement of this case as the delivery of the franchise of this case is late.