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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 March 22, 2013, the Plaintiff concluded a lease agreement between the Defendant with respect to Cho Lake and D (hereinafter “each of the instant stores”) equivalent to 294.2 square meters among the first floor of the buildings listed in the separate sheet (hereinafter “instant stores”) with respect to KRW 100 million and KRW 19 million for the first two years (from April 25, 2013 to April 24, 2015) during the first two years (excluding value-added tax), and for the remaining three years (from April 25, 2015 to April 24, 2018) with respect to the lease of KRW 21 million (excluding value-added tax, but in the case of a decline in the surrounding rent due to the deterioration of the rent, etc., the lease agreement shall be renewed under mutual agreement, and the lease agreement shall be concluded between April 25, 2013 to April 28, 2013 (hereinafter “instant lease agreement”).
Since that time, the plaintiff has been running the plaintiff's agency with delivery of each of the stores of this case.
B. Meanwhile, prior to the conclusion of the instant lease agreement between the Plaintiff and the Defendant, the Defendant leased No. C, and No. D, to F and G, respectively, among each of the instant stores.
E operated the “H-oriented store”, a sports brand among the instant stores, and F and G operated the “I” agent, a sports brand among each of the instant stores.
In order to lease each of the stores of this case, the Plaintiff entered into a contract on the transfer of real estate rights with the amount of KRW 150 million with respect to the goodwill premium of KRW 150 million among the stores of this case and E and each of the stores of this case, and entered into a contract on the transfer of real estate rights with F and G with the amount of KRW 130 million with respect to the goodwill premium of KRW 100 million among the stores of this case, and paid all the above money to E, F and G.
C. The Plaintiff and the Defendant agreed on the renewal of the instant lease agreement from February 13, 2018, when the termination date of the instant lease agreement was multi-party.
In the process, the plaintiff reduces the monthly rent of KRW 15 million to the defendant around February 23, 2018.