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.

1. The reasoning of the court of the first instance’s explanation concerning this case is the same as the reasoning of the judgment of the first instance, except for addition or dismissal as follows. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On June 17, 2016, the court rendered a judgment against the Plaintiff on the ground that “In spite of the Plaintiff’s payment of the premium for the instant store pursuant to the premium contract, the Plaintiff filed a lawsuit against the Defendant for the delivery of the instant store part and the payment of KRW 50 million (the amount of premium) due to the said nonperformance.” However, the said court rendered a judgment against the Plaintiff on the ground that “the instant store was the object of the contract at the time of the premium contract, and it cannot be recognized that the said store was paid because it was the object of the contract.” The Plaintiff appealed against the above judgment and dismissed the appeal on July 25, 2016, thereby making it final and conclusive.”

Nos. 2 to 3, 4 of the last day of the 2nd day and 3th day of the 3rd day, “the Plaintiff agreed to lease the instant store from C, and concluded a premium contract with the Defendant, and paid 25 million won to the Defendant as premium for the instant store, and 25 million won in total as premium for the instant store. As such, the Defendant is obligated to deliver the instant store to the Plaintiff by May 12, 2014, which is the delivery date stipulated in the premium contract.

Nevertheless, the Defendant’s failure to deliver the instant store, thereby preventing the Plaintiff from using it. Accordingly, the Plaintiff sought only business damages equivalent to 97 days or 995 days during the period from May 12, 2014 to February 1, 2017 during which the instant store was delivered to the Plaintiff.

6,9650,000 won per day.