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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Evidence 1, A3, A4, A6, A7, A8, A11, A12, and the purport of the whole pleadings
A. C’s lease contract 1) On October 21, 2014, 2014, C is the entire underground space of a reinforced concrete shop in Suwon-si, Suwon-si (hereinafter “instant building”).
(2) On January 1, 2015, the Defendant concluded a lease agreement with the Defendant to lease the instant building by setting the deposit amounting to KRW 10 million, KRW 495,00 (including value-added tax), and the period from January 1, 2015 to January 1, 2017. (2) The Defendant paid the instant building deposit to C and operated the restaurant in the instant building.
3) A deceased and the Plaintiff succeeded to the lessor’s status. B. The Plaintiff filed a lawsuit of building delivery against the Defendant (U.S. District Court 2015dan128703, Jan. 22, 2016), and the Defendant delivered the instant building to the Plaintiff by April 10, 2016.
(including duty to remove goods, such as chairss, furnitures, etc.). 2. By April 10, 2016, the Plaintiff shall pay to the Defendant the remainder after deducting the unpaid rent (one-day calculation) and unpaid public charges (referring to electricity and water charges) accrued on or before the above date from KRW 30 million (including lease deposit, beneficial expenses, etc.) from the Defendant by April 10, 2016.
However, as of the date of the completion of the conciliation of this case, the Plaintiff confirmed that there is no unpaid rent for the Defendant.
3.Paragraphs 1 and 2 are in simultaneous performance relations.
4. Except as otherwise provided in each of the above provisions, the Plaintiff and the Defendant confirm that no claims exist between them, such as return of deposits for lease of debts, beneficial and necessary expenses, return of expenses, obligation of restoration to their original state, and other damages, and do not raise any civil or criminal objections related thereto.
"" has established adjustment of the contents.
C. The defendant's delivery of the building is above.