합의이행금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On May 20, 2009, the Plaintiff and the Defendant: (a) paid the lease deposit of KRW 120 million to the Defendant; and (b) drafted a written commitment to the joint operation of a restaurant on the first floor of the Seo-gu Daejeon Special Metropolitan Building (hereinafter “instant commercial building”); (c) the details of the written commitment are as shown in the attached Form.
(hereinafter referred to as “instant agreement”). (b)
The Plaintiff and the Defendant operated a restaurant with the trade name “D” from the time of the preparation of the instant agreement to June 16, 2009, and with the trade name “E” from June 17, 2009 to the early 2012.
C. After that, around January 23, 2010, the Plaintiff opened a convenience store in the name of the Defendant in part of the instant commercial building and started to operate it. D.
On July 16, 2012, the Plaintiff acquired the status of tenant of the instant commercial building from the Defendant under the name of F, the wife (the same day, the Plaintiff entered into a lease agreement with the lessor of the instant commercial building, and the Defendant issued a receipt to the lessor of the said commercial building to the effect that the Plaintiff was returned KRW 120,000,000,000,000,000,000,000,000) and continued to operate convenience stores in the instant commercial building under the name of the Defendant until October 18, 2013.
E. On September 5, 2012, the Plaintiff, under the name of F, prepared a letter of payment stating, “The Plaintiff would have paid KRW 120 million to the Defendant at the time of acquiring the status of a tenant of the instant commercial building, but did not pay it. Therefore, the new lessee would immediately pay KRW 120 million for the said lease deposit, and if the new lessee did not enter into a contract with the new lessee by December 5, 2012, the Plaintiff would pay all the unpaid lease deposit, regardless of whether the new lessee would have entered into a contract with the new lessee by December 5, 2012 (hereinafter “the letter of payment”).
F. The defendant is Seoul Northern District Court.