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

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

1. Basic facts

A. On August 1, 2016, the Plaintiff leased the funeral hall (hereinafter “instant funeral hall”) indicated in the attached list to the Defendant as “the term of lease from August 1, 2016 to June 30, 2017; and KRW 10,000,000 per rent.”

(hereinafter referred to as the “instant lease contract”) B.

On May 31, 2017, the Plaintiff notified the Defendant that “As the instant lease agreement was terminated on June 30, 2017, the Plaintiff would operate directly from July 1, 2017, the Plaintiff would operate the instant lease agreement.”

C. The Defendant did not deliver the instant funeral hall to the Plaintiff even after the expiration date of the instant lease agreement.

On July 17, 2017, the Plaintiff filed a lawsuit against the Defendant seeking the delivery, etc. of the instant funeral hall. On November 29, 2017, the Plaintiff was sentenced to the judgment that “the Defendant delivered the instant funeral hall to the Plaintiff, and that “the amount calculated by the rate of KRW 10,000 per month from November 1, 2017 to the completion date of delivery of the instant funeral hall” and the said judgment became final and conclusive on December 2017.

(Cheongju District Court Decision 2017Gadan21035). D.

On January 13, 2018, the Defendant delivered the instant funeral home to the Plaintiff, and paid all the money equivalent to the rent until the time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 6, 8, 9, 11, and the purport of the whole pleadings

2. Judgment on the main claim

A. The Defendant asserted that the Plaintiff would directly operate the instant funeral establishment from July 1, 2017, but did not deliver the instant funeral hall on June 30, 2017, which is the expiration date of the instant lease term, and delivered the instant funeral hall to the Plaintiff on January 13, 2018.

Accordingly, if the Plaintiff directly operated the instant funeral hall from July 1, 2017 to January 13, 2018, the Plaintiff was 48,919,882 won (=91,100,802 won (from January 1, 2017 to December 31, 2017) that was able to obtain from the Plaintiff.