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(영문) 수원지방법원 2015.05.14 2014가단25210

손해배상 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that, on December 19, 2013, the Plaintiff and the Defendant real estate intermediaries paid KRW 24 million to the Defendant on the following grounds: (a) the Plaintiff did not have any other restaurant in the vicinity of the cafeteria located within the KAC (hereinafter “instant cafeteria”); and (b) the new cafeteria does not open a door. Since the Plaintiff had an average of 120 customers per day in the instant cafeteria, the premium amounting to KRW 24 million is the amount; (c) upon the payment of the above money, the Plaintiff would exceed the right to operate the instant cafeteria; (d) the Plaintiff agreed to take over the cafeteria’s operating right; (e) the Plaintiff paid KRW 24 million to the Defendant on December 19, 2013; (e) the Plaintiff did not have been a month after the Plaintiff acquired the right to operate the cafeteria; and (e) the number of customers of the instant cafeteria decreased to less than 60 per day, the Defendant, together with the real estate intermediaries, by deceiving the Plaintiff, thereby cancelling the Plaintiff’s return of the above KRW 200.

The testimony of the witness D alone is not sufficient to admit the plaintiff's assertion, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.