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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 February 1, 2014, the Plaintiff leased from the Defendant the instant building with a deposit of KRW 10,000,000, monthly rent of KRW 800,000 (after February 30, 201), from the Defendant as of February 19, 2014 to February 19, 2016 (hereinafter “instant lease agreement”); and thereafter, was handed over by the Defendant the instant building from around that time.
B. After that, with the content certification issued by October 26, 2015, the Plaintiff was unable to operate the instant leased part from April 2015 due to the things placed on the first floor of the instant building, until April 2015. Moreover, the Plaintiff notified the Defendant of the termination of the instant rental agreement and was unable to operate the instant leased part due to the illegal alteration of the use of the leased part. At that time, the Plaintiff delivered the leased portion to the Defendant at that time, and received from the Defendant the remainder of KRW 9,400,000, excluding the unpaid rent of KRW 600,000,000, out of the lease deposit.
[Ground of recognition] Facts without dispute, Gap evidence 1, 14-4-4, the result of the questioning by the plaintiff and defendant respectively, the purport of the whole pleadings
2. The Plaintiff’s assertion made an investment in the facility of the city in order to operate the marina business in the leased part of this case. However, since the Plaintiff was unable to conduct business at all due to the Defendant’s nonperformance or tort, the Defendant is obligated to pay to the Plaintiff KRW 30,00,000 out of the damages amounting to KRW 38,787,00 among the damages amounting to the sum of KRW 24,37,000,000 and the damages for delay.
① At the time of the conclusion of the instant lease agreement, the Defendant promised to place DNA sets at the entrance and stairs of the instant building, which were being operated on the first floor of the instant building, so as not to cause inconvenience to the Plaintiff in using the leased portion.