1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 3, 2015, the Plaintiff entered into a lease agreement (hereinafter “the instant lease agreement”) with respect to the instant movable property at a cost of KRW 2,616,200 per month, the lease term of KRW 36 months, the lease deposit amount of KRW 21,00,00 with respect to the original cost, etc. Around November 3, 2015, when there is an application for bankruptcy, composition, or corporate reorganization with respect to the original cost, etc. at the time, or when there is considerable reason to deem it difficult to continue the business, the Plaintiff agreed that the original cost, etc. lose the benefit of time and the Plaintiff may terminate the instant lease agreement without a peremptory notice as to the original cost, etc.

(Lease Agreement No. 22(2)5, hereinafter referred to as “instant termination agreement”). (b)

On November 3, 2015, the original street, etc. received the movable property of this case from the Plaintiff in accordance with the instant lease agreement and has been occupied and used until now.

C. Meanwhile, on June 3, 2016, the former Jeju District Court 2016 Gohap106 applied for the commencement of simplified rehabilitation. The rehabilitation court decided to commence rehabilitation on July 4, 2016, and the Defendant was appointed as the custodian.

On January 10, 2017, the Plaintiff: (a) notified on January 25, 2017 that it would be expected to terminate the instant lease agreement if the Plaintiff would not repay the full amount of the lease fees to the prime contractor, etc. by January 25, 2017; (b) sent a notice of termination of the instant lease agreement to the prime contractor, etc. on February 1, 2017; and (c) the said notice reached the prime contractor, etc. around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence No. 2, the purport of the whole pleadings

2. When the plaintiff's main point of argument is applied for the commencement of rehabilitation, it shall lose the benefit of time as stipulated in the termination agreement of this case.