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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 23, 201, the Plaintiff, C, and D agreed to operate the “E” franchise business, and C, on June 23, 201, concluded a lease agreement with the Defendant on the lease deposit amounting to KRW 200,000,000, monthly rent of KRW 12,000,000, and the lease deposit amount from July 11, 201 to July 31, 201, concluded a lease agreement with the Defendant on the lease deposit amount of KRW 463.10 square meters on the second floor of the H building in Seoul, Gangnam-gu and G (hereinafter “instant store”).
B. On July 8, 2011, D entered into a contract for interior construction with JJ Co., Ltd. on the instant store, and set the construction cost at KRW 180,00,000, including separate work such as fire fighting construction work.
C. On July 11, 2011, C subleted the instant store to K (the representative director and the Plaintiff’s wife) with the Defendant’s consent, and around that time, K and D jointly and severally guaranteed the Defendant’s obligations as lessee.
On August 9, 2011, K succeeded to the sub-lease consent received from the Defendant and C from the Plaintiff (Representative Director N) and decided to transfer all the property rights and rights to the instant store to the Plaintiff.
E. On September 1, 2011, C sub-leaseed the instant store to O (Representative P) with the Defendant’s consent, but C notified P of the termination of sub-lease contract by content-certified mail, as C did not pay rent, management fee, etc.
F. Q (R’s wife of D’s de facto spouse) entered into a lease agreement with the Defendant on November 16, 201, stipulating that the instant store is leased KRW 200,000,000, monthly rent of KRW 12,000,000, and the lease period from November 16, 201 to November 30, 201. On November 28, 201, Q (D’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s wife’s business registration with the trade name “S” and then closed on May 15, 2013 while operating the instant store’s restaurant business.
[Ground of recognition] dispute.