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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted that: (a) on September 1, 2010, the Defendant received the right to a sales store in C from the Defendant from October 1, 2010 to September 30, 2013, the Plaintiff agreed to pay KRW 56,50,000 to the Defendant for the total sum of KRW 30,000,000, and KRW 25,000,000, and KRW 25,000,00,000,000 when the term of the contract expires; and (b) the Defendant agreed to refund the Plaintiff’s sales price of KRW 25,00,00,000.
Therefore, the Plaintiff seek against the Defendant the payment of the purchase price for the said self-employed machine and damages for delay.
2. According to the purport of Gap evidence No. 1 and Eul evidence Nos. 1 and 3 and the purport of the whole pleadings, the fact that the plaintiff acquired all rights, including the right to lease, facilities, and the right to operate the premises in the Chigh School located in Seo-gu Seoul High School in Jeonjin-gu, Seoul Special Metropolitan City, and paid the defendant a sum of KRW 56,700,000,000 as the price therefor, September 13, 2010, and KRW 55,000,000 as the price therefor, September 13, 2010, and KRW 28,000,000 as of November 28, 2010, and KRW 26,70,000 as of November 29, 2010.
However, as shown in the Plaintiff’s assertion, it is difficult to believe that the part of the evidence No. 4 and the witness E’s testimony is difficult, and there is an agreement for the Defendant to return KRW 25,000,000 to the Plaintiff upon expiration of the contract term, solely with the above-mentioned facts and the statement of the evidence No. 1 through No. 3 and witness F, and there is no other evidence to prove otherwise.
Rather, according to the evidence No. 1, No. 1, No. 2, 4, and 5, the Defendant entered into a lease agreement with the educational foundation G on September 25, 2006 with respect to the premises stores within Chigh Schools established and operated by the said educational foundation G, with the lease term of 7 years (from October 1, 2006 to September 31, 2013), lease deposit of 66,500,000 (However, when the lease term expires, the above lease deposit shall be donated to the said educational institute). However, the Defendant was established at the expense of the Defendant during the lease term of 3 years at the expiration of the lease term or even during the termination of the lease term.