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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
A. On March 2, 2012, the Plaintiff and its partner purchased the instant cartels D’ land and its ground buildings (hereinafter “the instant cartels”) at Suwon-si, and leased the instant cartels to the Defendant and E by setting the lease period from April 2, 2012 to April 1, 2014, with the instant cartels KRW 600,000,000, monthly rent, KRW 14,000,000, and the rental period from April 2, 2012.
(hereinafter “instant lease agreement”). B.
From April 2, 2012 to February 1, 2013 (hereinafter “the first operating period”). The Plaintiff operated the instant cartel for ten months from February 2, 2013 to September 1, 2013 (hereinafter “the second operating period”). The Plaintiff agreed to pay KRW 9,00,000 per month to the Defendant and E during the second operating period.
C. Of the agreed amount of KRW 63,000,000, which the Plaintiff agreed to pay to the Defendant and E during the second operating period (i.e., KRW 9,000,000 x 7 months), the Plaintiff paid only KRW 21,00,000 until April 2013, and the remainder of KRW 42,00,000 was not paid.
With the agreement of the plaintiff, C, E, and the defendant on August 19, 2013, an agreement in the name of the plaintiff and E (hereinafter referred to as the "Agreement in this case") with the purport that "as the agricultural cooperative loan becomes aware of, from September 2, 2013, E is engaged in business and shall be KRW 8,000,000 in a deposit of KRW 600,000: Provided, That if the lease agreement is valid, and if it is violated, it shall be performed as the contract, it shall be performed in accordance with the contract."
E. “The third operating period from September 2, 2013 to January 2, 2014” was not extended to agricultural cooperatives under the instant agreement.
For a period of four months, the Defendant independently operated the instant telecom.
F. Meanwhile, around January 2014, the Defendant, when withdrawing from the instant franchise business relationship between E and E, received KRW 300,000,000 equivalent to the Defendant’s share of KRW 1/2 of the deposit amount of the instant lease agreement from E, and then deducted the remainder of KRW 50,000,000,000, which was already received.