2. The plaintiff's claim against the defendant is dismissed.

3...

A. The Plaintiff is an individual entrepreneur who provides a pro rata flachi with the trade name of “D,” and the Defendant is an individual entrepreneur who operated a proflachi with the trade name of “I.”

B. On April 14, 2014, the Defendant entered into a contract to supply goods to be used in a stone-free event with a fixed contract term of 40,000,000 won, and two years, of the contract period of 2 years, namely, the building in the Nam-gu Incheon Metropolitan City J building, and “G” located in the fifth floor.

C. “G” which entered into a contract with the Defendant was operated as a partnership with H and K, and H withdrawn from the partnership relationship on March 2015.

K Around that time, K established the F Co., Ltd. F (hereinafter referred to as “F”), and operated the above building JJ and the cafeteria of “F” on the fifth floor (hereinafter referred to as “instant cafeteria”).

On the other hand, C was registered as the representative director of F on February 10, 2015 and resigned from the representative director on June 16, 2015.

In order to recover KRW 40,00,000, which was paid to G upon termination of the contract entered into with G around March 2015, the Defendant colored a person who entered into a new contract with F and became aware of the Plaintiff through L in order to collect the deposit amount of KRW 40,000.

E. On April 24, 2015, the Plaintiff entered into a contract with F to supply goods to be used in events, such as turf, to F, with the deposit amount of KRW 30,000,000, contract period from May 9, 2015 to May 9, 2017.

(f) The Plaintiff, on April 27, 2015 and May 7, 2015, remitted total of KRW 30,000,000 to the Defendant, each of which was KRW 15,000,000.

Around October 2015, the instant restaurant closed its business, and the Plaintiff demanded the Defendant to return KRW 30,000,000,000, which received money from the parties to the instant contract, but both F and the Defendant refused to return the money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including evidence with a serial number; hereinafter the same shall apply), Eul evidence Nos. 1 through 5, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff.