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1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts without dispute;
A. The Plaintiff is a corporation that runs the processing, manufacturing, wholesale and retail business, etc. of agricultural and livestock products, and the Defendant was supplied by the Plaintiff with Chinese friendship, etc. in operating the refined restaurant (hereinafter “instant restaurant”) with the trade name “D” in Goyang-si C.
B. On June 1, 2013, E, the representative director of the Plaintiff, leased the instant restaurant from the Defendant for a fixed period of KRW 300 million, monthly rent of KRW 12 million, and from June 15, 2013 to June 15, 2016, the lease deposit amount of KRW 300 million was to be substituted by the supply price, such as those that the Plaintiff was not paid by the Defendant.
C. On June 12, 2013, E and the Defendant agreed to reduce the monthly rent of KRW 10 million from the part stipulated in the above lease agreement, and thereafter, deducted the monthly rent from the above lease deposit for 30 months from July 21, 2013 to January 20, 2016.
2. Determination
A. 1) The Plaintiff asserts that the Plaintiff is obligated to pay to the Plaintiff the remainder of KRW 58,344,610, which remains after deducting KRW 300,00,00 in lieu of the payment of the above lease deposit from KRW 358,344,610, which was not paid in lieu of the above lease deposit, from KRW 358,34,610, which was paid in lieu of the above lease deposit between E and the Defendant, until June 15, 2013. Accordingly, the Defendant operated the restaurant in this case from June 15, 2013, and the Defendant agreed to pay the above lease deposit in lieu of the above lease deposit amount of KRW 358,34,610, which was paid in lieu of the above lease deposit of KRW 300,00,00,000,000 among KRW 358,344,610,000.