All the claims of the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

Of the costs of lawsuit, the principal lawsuit.

1. Facts of recognition;

A. On July 16, 2018, the Plaintiff entered into a contract with the Defendant for the lease of the shopping complex D (the instant shopping complex) in the Kuju-si apartment complex from July 16, 2018 to July 15, 2021, setting the lease deposit amount of KRW 20 million, monthly rent of KRW 17 million, and operated the “E” in its place of convenience.

The above lease agreement includes the special terms and conditions that the lessor does not lend to others the convenience store and the similar type of business in the commercial building (hereinafter referred to as the “instant special terms and conditions”).

B. On November 6, 2018, the Defendant entered into a lease contract with Nonparty F with the term of lease from December 10, 2018 to December 9, 2020, with the lease deposit of KRW 30 million, monthly rent of KRW 2 million, and the Defendant entered into a contract with Nonparty F on the lease of the above shopping mall G. From January 10, 2018 to December 9, 2020. The F was difficult from January 1, 2019 to the end of the year of 2019 to “H” with the trade name of H.

A lease agreement between the defendant and F includes a special clause that "type of business (type of business shall be 70-80% for primary products, remaining 20% for products)" and "no tobacco shall be sold."

[Ground of recognition] Facts without dispute, Gap 1, 3, Eul 2, 5, 8 through 10, all purport of the pleading

2. The parties' assertion

A. Despite the terms and conditions of the instant special agreement, the Defendant leased underground floors of the instant commercial building to F, thereby allowing Smarket operation, which is similar to the Plaintiff’s convenience store.

This is in violation of the shopping district lease agreement between the plaintiff and the defendant, and the plaintiff cancels the lease contract on this ground.

The Defendant, as a result of the Plaintiff’s breach of contract and KRW 20,000,00 and damages caused by breach of contract, namely, penalty of KRW 5,961,703 for the closure of convenience store, KRW 22,70,00 for the investment in the opening of convenience store, KRW 3,632,50 for the franchise insurance policy, KRW 100 for the new registration of tobacco, KRW 100,00 for the purchase of equipments, KRW 532,40 for the equipment outside the rooftop, KRW 700,00 for the removal of the equipment outside the rooftop, and KRW 22,70,00 for the open opening of convenience store.