약정금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On November 2012, the Plaintiff asserted that the instant restaurant was operated by leasing KRW 50 million from lessorF, G, and monthly rent of KRW 984,00,00, and operating the instant restaurant in the name of “E” (hereinafter “instant restaurant”) located in the size of 72.36 square meters among the 1st floor of the D Building in Sejong-si.
On May 16, 2013, the Plaintiff transferred the instant restaurant’s KRW 72 million to the Defendants, and reverted the Plaintiff the right to refund the lease deposit of the instant restaurant between the Plaintiff and the Defendants. However, on the grounds of the expiration of the lease term, etc., the Defendants returned the lease deposit amount from the lessor and agreed to return it to the Plaintiff.
Despite the Defendants’ lease agreement with the instant restaurant was terminated on May 2018, the Defendants did not return the said lease deposit to the Plaintiff, contrary to the foregoing agreement, so that the Defendants did not return the said deposit to the Plaintiff. Therefore, the said return is sought.
2. As alleged by the Plaintiff, the evidence submitted by the Plaintiff, including the evidence Nos. 1 and 7, is insufficient to acknowledge the fact that the Plaintiff and the Defendants agreed to pay the Plaintiff the amount equivalent to KRW 50 million when the lease contract for the restaurant of this case is terminated, and there is no other evidence to acknowledge otherwise.
Therefore, the plaintiff's assertion is not accepted.
3. Thus, the plaintiff's claim of this case is dismissed. It is so decided as per Disposition.