1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Basic facts

A. (1) On October 7, 2008, the Defendant concluded a lease agreement with the Korea Workers’ Compensation and Welfare Service (hereinafter “Corporation”), the Plaintiff, and the Plaintiff, with respect to the building D (hereinafter “instant store”), with the term of lease from October 10, 208 to October 9, 2010, lease deposit amount of KRW 70 million, and value-added tax monthly rent of KRW 150,000,000 (including value-added tax). However, the Defendant concluded a lease agreement with the Corporation that the Plaintiff entrusted the Plaintiff with the right to use and benefit from the instant store, pays rent and management expenses to the Defendant.

As the plaintiff is selected as a business start-ups under the employment support program of the Corporation, it is possible to receive the lease deposit of KRW 70 million for 6 years, and the plaintiff entered into the above contract with the Corporation and the plaintiff and defendant 3 under the agreement with the defendant.

(2) On October 6, 2008, the Plaintiff and the Defendant agreed that the instant store is rent of KRW 2.5 million per month. Around October 6, 2008, a lease contract was concluded with respect to the instant store by setting the lease deposit of KRW 70 million and KRW 2.5 million per month (hereinafter “instant lease contract”). As the special terms and conditions of the contract, the said contract is KRW 2.5 million until November 25, 2009, and the said contract is based on mutual re-consultation as of November 26, 2009.

Value-added tax includes rent

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In addition, at the time of the conclusion of the instant lease agreement, the Plaintiff paid KRW 6 million to the Defendant in addition to KRW 70 million as deposit for lease deposit paid by the Corporation to the Defendant at the time of the conclusion of the instant lease agreement (=one million won per month x six months).

(3) On October 1, 2010, the instant lease agreement was renewed by changing the lease term to KRW 2.8 million per month until October 10, 2012, and KRW 2.75 million per month, and on October 11, 2012, until October 10, 2014, respectively.

(4) Upon the termination of the period of subsidization of the lease deposit by the Corporation, the Corporation shall be from the Defendant.