1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is the owner of the Gyeongdong-gun C and D's general steel framed branch warehouse (hereinafter referred to as the "instant building"), and was engaged in food materials wholesale business in the name of "E" with the location of the above domicile.

B. While the Defendant, with the trade name of “F”, engaged in food materials wholesale and retail business, agreed with the Plaintiff to conduct a partnership business around September 2013, and moved its place of business to the instant building, and thereafter, operated the Plaintiff and the food materials wholesale and retail business as a partnership business from that time.

C. On October 15, 2013, the date of preparation entered into a lease agreement with the Plaintiff on October 15, 2013, the Defendant stated that the instant building was leased from the Plaintiff by setting the lease deposit amount of KRW 5 million, KRW 1.5 million per month, and KRW 2 years for the lease term.

(hereinafter “instant lease agreement”). D.

On January 24, 2016, the Plaintiff and the Defendant liquidated a partnership business relationship, and the Defendant, from December 2015 to Daegu Dong-gu G, has moved to the location of the place of business, and runs a retail business of food materials with the trade name called “H”.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 to 3 evidence (including each number), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Defendant did not pay at all the monthly rent of KRW 1.5 million under the instant lease agreement from December 2, 2013 to November 2015. As such, the Defendant is obligated to pay to the Plaintiff the sum of KRW 36 million unpaid rent (=1.5 million x 24 million x 3.6 million in total of value-added tax thereon) and KRW 3.6 million in total. (2) The Plaintiff supplied food materials worth KRW 41,453,89 to the Defendant from May 2013 to October 2013, 2013, and the Defendant is obligated to pay the said amount to the Plaintiff.

B. The Defendant’s assertion 1 and the Plaintiff’s type I and the Defendant agreed to distribute the remainder after deducting the costs of sales from the sales at one-third ratio, respectively, from the beginning of the business.