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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. The costs of lawsuit;
Reasons
1. Basic facts
(a) On August 19, 2013, Estid Co., Ltd. (hereinafter “Estid”) leased from the Defendant the 5th floor building B on the ground of Yongsan-gu Seoul Metropolitan Government (hereinafter “instant building”). At the time, the use of the instant building was the “office”). From August 20, 2013 to August 19, 2018, the 1st floor, 2, and 3th floor was determined and leased from the Defendant during the period from August 20 to August 19, 2018.
(hereinafter “Lease of this case”). (b)
On September 1, 2013, Estid ordered the Plaintiff to undertake a contract for the interior works on the leased portion of the instant building.
C. As the Plaintiff needs to change the purpose of the building into a cafeteria for a restaurant opening business, on November 31, 2013, the Plaintiff entered into a design modification agreement (service amounting to KRW 19.5 million) on the change of purpose of use of the building of this case with an architect C, and around that time, the Defendant prepared and issued to C a power of delegation necessary for the procedure for changing purpose of use of the building of this case.
In addition, the plaintiff needs to install convenience facilities for the disabled in the building of this case for restaurant opening, and around December 2013, the plaintiff installed convenience facilities for the disabled.
On the other hand, Estid expressed to the Defendant that some of the fourth floor of the building of this case would be leased after the lease of this case.
Accordingly, D, acting on behalf of the Defendant, requested the Plaintiff to make a written estimate for the construction of the fourth floor of the instant building. On December 2013, the Plaintiff sent a written estimate for the construction of the fourth floor of the instant building to D around early December 2013, and the Plaintiff commenced the removal construction of the instant 4 floor according to D’s instructions.
However, immediately after the lease of the fourth floor of the building in this case was created, the plaintiff also suspended the construction of the fourth floor of the building in this case.
[Ground of recognition] Gap evidence Nos. 1 through 5, 11, 12, 13, Eul evidence No. 1, witness E, and D's testimony (other than part of witness D's testimony) and the purport of the whole pleadings
2. The main office;