1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 16, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the Plaintiff, setting the period from December 13, 2014 to March 7, 2020, for lease KRW 312,00,000 per month (excluding value-added tax, and KRW 4,500,000,000 (excluding value-added tax)) for the third floor of the building D, Nam-gu, Busan (hereinafter “instant store”).

B. In operating a restaurant at the instant store, the Defendant was unable to pay monthly rent from June 2016, and the Plaintiff agreed to terminate the instant lease agreement with the Defendant, and paid KRW 32,40,000,000 after deducting the rent due from the lease deposit, etc. on September 23, 2016.

C. After September 23, 2016, the Defendant left the entrance door keys of the store to a real estate agent and left the equipment, etc. in the instant store without running the restaurant business.

On April 18, 2017, the Plaintiff sent a text message to the Defendant stating that “it is difficult in terms of economic difficulty due to management expenses, loan interest, etc. because a commercial lease contract has not been concluded after September of the past year. As such, the time to inform the end of April 2017 of this month of the management plan for the equipment, etc. currently in custody. It is inevitable from the following month when the equipment, etc. continues to be kept without processing, it is difficult to understand that storage fees, management expenses, etc. will be claimed thickness with the president.”

E. Around July 18, 2017, the Defendant collected all equipment, etc. at the instant store.

[Ground of recognition] Gap evidence Nos. 1 through 5 (including paper numbers), Eul evidence Nos. 2-1 to 5, video, and the purport of the whole pleadings

2. Although the Plaintiff’s assertion that the instant lease agreement was concluded on September 23, 2016, and the Defendant was fully refunded the lease deposit after deducting the unpaid rent, etc. on the same day, the Defendant did not deliver the instant store.