1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 1, 2012, the Defendant: (a) leased from the Home Plusco Co., Ltd. (hereinafter “ Home Plusco”) the 4th floor of the Plusco D x3Y44 column 1 column on the ground of the Plusco in Busan, Busan, for a deposit of KRW 10 million; and (b) operates the Home Plusco in the name of “E” at that place.

B. On November 20, 2013, the Defendant entered into a contract with the Plaintiff to transfer the above right of lease amounting to KRW 45 million (hereinafter “instant contract”) and received KRW 30 million from the Plaintiff on the same day.

C. Around that time, the Plaintiff agreed with the Defendant that “the Plaintiff operates the above restaurant under the name of the Defendant on December 2013 and January 2014, and the Plaintiff bears the tax during that period, and deposit the remainder of KRW 5 million to the Defendant at the same time as the Home Pler and Electronic Contract was concluded,” and operated the above restaurant.

On December 19, 2013, the Plaintiff and the Defendant agreed to transfer the right of lease that “the Defendant transferred the lessee’s status to the Plaintiff under the lease agreement entered into with the Home Plus, and the Home Plusss consent to the Home Plus.”

E. On December 31, 2013, the Plaintiff sent a peremptory notice to the Defendant stating that “The terms of the instant contract are too different from the terms of the initial contract between the Defendant and the Home Plus, and there is no benefit if all kinds of charges are deducted. Therefore, there is no benefit to the Plaintiff’s rescission of the instant contract and the refund of deposit KRW 30 million.”

[Based on the recognition] Evidence No. 1, Evidence No. 2-1, Evidence No. 2-2, and Evidence No. 1, each fact-finding result of this Court's Home Plus, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the defendant entered into the contract of this case and actually paid monthly sales to the Home Packer with 7 million won per month and 18% of the commission to pay to the Home Packer, notwithstanding the fact that there is no actual profit, the monthly sales are average of 13 million won and paid to the Home Packer.