1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 3, 2014, the Plaintiff concluded a contract with the Defendant, the former lessee of the instant store, to lease the 1st, 4, 5, and 72 square meters of the building located in Dongdaemun-gu, Seoul (hereinafter “instant store”) owned by Nonparty C, and entered into an agreement with Nonparty C to pay the premium (hereinafter “the premium agreement”).

B. In relation to the premium contract of this case, Gap evidence No. 1 stated "the premium of this case", "the total amount of premium of this case (25,000,000)" and "the contract of this case (2,50,000,000 won) 2014,4,3,000 won (2,50,000 won)", "the balance, 2014,4,400,000 won (22,50,000 won)" and "the total amount of premium of this case (50,000,000)" and "the premium of this case is 2014,4,000,000 won (50,000)" and "the premium of this case is 2014,4,3,000 on premium contract of this case.

C. At the time of the conclusion of the premium contract, the Defendant was the sales price for the store in this case with the store in this case, but one was the street store attached to the store in this case, and the other was installed on the road in front of the store in this case, and is the street store store store (hereinafter “instant street store”). D.

The Plaintiff received the instant store around May 12, 2014. At this time, a store store attached to the store was delivered, but the instant store was not delivered.

[Reasons for Recognition] The entry of Gap Nos. 1 through 13 and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserted that the plaintiff paid 2.5 million won for the premium to the store of this case, and since the above premium includes the old store of this case, the defendant is obligated to deliver the old store of this case to the plaintiff.

Nevertheless, due to the failure to deliver it, the Plaintiff caused business damage resulting from the failure to use it, which is 70,000 won per day, and 69,50,000 won per day until February 1, 2017, and the Defendant is above the Plaintiff.