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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
가. 당사자의 관계 등 1) 원고는 음식업을 영위하는 회사로, 비빔밥 등을 판매하는 ‘A’이라는 상호의 식당을 운영하고 있다. 2) 피고는 ‘B’이라는 이름으로 여러 식당을 한곳에 모은 매장을 운영하는 회사이다.
B. 1) The Defendant was unable to set up a plan to operate a “B store” with a wide range of customers’ choice by gathering several restaurant businesses in Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul. The Plaintiff is deemed as the “instant store” among the above B store 1 floors of the contract area of 431.07 square meters ( approximately 130.4 square meters, exclusive area of 132.23 square meters, and area of 298.84 square meters; hereinafter “instant store”).
(2) Around February 2019, the Plaintiff and the Defendant concluded a sales contract (hereinafter “instant sales contract”) with the following terms and conditions. Accordingly, the Plaintiff paid KRW 60,000,000 to the Defendant on February 28, 2019.
Contract term is from June 1, 2019 to May 31, 2021 to KRW 60,000 (60,000), the date of payment: By February 28, 2019, the store delivery date from February 28, 2019 to June 1, 2019 from the date of delivery of store to the date of commencement of store occupants' monthly sales (VAT separate), or the higher amount between KRW 10,000 (4,00,000) of the net sales or the minimum fee for store occupants' sales on June 1, 2019 to February 28, 2019.
(Credit Card Fee). Monthly management expenses (AT Map) 3.3 square meters (1 square meters) of the contracted area of 3.3 square meters (1 square meters) and the penalty agreed upon by the parties to the contract of this case (direct expenses) is “three-month rental fee and basic management expenses” (Article 26(1) of the General Conditions of the Contract Rental Contracts (Article 26(1)). (c) The name of the construction project under the contract of this case: D construction period from March 15, 2019 to July 30, 2019: The construction cost on March 15, 2019 including KRW 110,000,000 per day (including KRW 60,000,000,000 per day): The daily payment on March 15, 2019 (the price under the contract of this case).