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1. The defendant
(a)insan-si, the annexed drawings in the C Station B located in Ansan-si, and (1), (2), (3), (4).
Reasons
1. Facts of recognition;
A. On September 9, 201, the Plaintiff entered into a contract for the operation of a specialized store (hereinafter “instant operating contract”) with the Defendant on September 9, 201, after installing a 42.27 square meters of the shop in the part of the (Ga) shop connected each point in sequence with the Korea Railroad Corporation (hereinafter “instant store”) in the C basin located in Ansan-si Group B with approval for the use of the station’s premises from the Korea Railroad Corporation (the contract period after this is renewed on December 31, 2013). The details of the contract are as stated in the attached Table.
B. After that, the Plaintiff imposed KRW 1 million on the Defendant on April 3, 2012 on the grounds that the POS terminal was not registered, and imposed KRW 2 million on August 12, 2012 on the grounds that the POS terminal was not registered. Nevertheless, the Defendant did not register part of the sales proceeds on the POS terminal on January 20, 2013, and the Defendant again registered the sales proceeds on March 5, 2013. The Plaintiff terminated the instant operating contract on the grounds that the POS terminal was not registered or reduced on March 13, 2013, and thus, the Plaintiff expressed his intention to surrender the instant store by March 31, 2013, and the said declaration of intention reached the Defendant at that time.
[Ground of Recognition] Facts without dispute, each entry of Gap evidence 1 to 11 (including additional numbers), witness D, E's testimony, the purport of the whole pleadings
2. Determination
A. According to the Defendant’s duty to deliver the instant store and the fact that the Defendant’s liability for damages was recognized, the instant operating contract was lawfully terminated by the Plaintiff’s notice of termination on the ground that the instant POS terminal was not registered or reduced on three occasions or more by the Defendant.
Therefore, the defendant delivered the instant store to the plaintiff, and the defendant did not deliver the said store from April 1, 2013 to the completion date of delivery of the instant store.