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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 October 22, 2013, the Plaintiff (the former trade name: the Maritime Transport Authority Co., Ltd.) entered into a lease agreement (hereinafter “instant lease agreement”) with the following terms and conditions on the exhibition hall (hereinafter “instant exhibition hall”) located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon (hereinafter “instant exhibition hall”) located in 123, which was managed by the Defendant, and paid the Defendant rent of KRW 226,81,200, management expenses, and deposit KRW 50,000,000, which is the children’s play equipment within the instant exhibition hall (hereinafter “the instant play facility”). After establishing the Goyang-gu, which is the children’s play equipment, etc. in the instant exhibition hall, the Plaintiff operated the play facility (hereinafter “instant business”).
(1) Lease period: From December 9, 2013 to February 16, 2014 (70 days): (2) Rent: 226,811,200 won (including value-added tax). (3) Deposit management expenses: 107,219.840 won shall be paid in advance until December 2, 2013. Additional rents, rental fees, rental fees, restoration expenses, non-time user fees, etc. at the end of use at exhibition halls.
On January 18, 2014, around 10:30, around 10:0 the instant play equipment installed in the instant exhibition center, where approximately 10 children, who were playing in the instant play equipment, went to the play equipment at once, and one part of the play equipment, and the occurrence of an accident where one child, who fells on the floor and dies (hereinafter “instant accident”).
The Plaintiff discontinued the instant business, removed facilities, including the instant play equipment, from January 24, 2014 to January 26, 2014, and removed them in the entire market of the instant case.
C. Meanwhile, during the period during which the Plaintiff used the instant exhibition center (from December 9, 2013 to January 26, 2014), KRW 38,256,836, including usage fees, electricity charges, air conditioners, heating and cooling charges, water supply and drainage charges, water supply and drainage charges, liquidated damages, value added tax, etc., totaling KRW 38,256,836 for the instant exhibition center. The Defendant, around February 2014, deposited the management fees that the Plaintiff paid to the Plaintiff. 50,000.