1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 2014, the Defendant paid 15 million won for the premium to the lessee before the store located in Guro-gu Seoul Metropolitan Government (hereinafter “instant store”) and set the lease deposit amount of KRW 50 million from the lessor D and the rent of KRW 2750,000 for monthly rent, and operated the restaurant with the trade name “E” at the instant store and completed the business around August 2015.

B. The Plaintiff, on May 7, 2014, remitted each of the following to the Defendant: (a) KRW 50 million for the purpose of the lease deposit for the instant store on May 7, 2014; (b) KRW 15 million for the purpose of the lessee’s premium before May 14, 2014; (c) KRW 12 million for the card price equivalent to the cost of purchasing the collection equipment and fixtures on July 16, 2014; and (d) for five months from June 16, 2014 to November 17, 2014, the monthly rent of KRW 13.5 million for the instant store (=275 million) (=5 months) for five months.

C. Around August 2015, the Defendant returned KRW 30 million out of the amount of KRW 50 million, which was returned by a lessor, to the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-1-6, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. The Plaintiff’s assertion 1) from May 2014 to November 1, 201, the Plaintiff leased to the Defendant KRW 90,50,000,000 (i) KRW 50,000,000 for the instant store lease deposit: KRW 15,000 for the instant store; KRW 12,00,000 for the card purchase cost for the instant store; ④ KRW 13,50,000 for the instant store; and (ii) received a refund of KRW 30,00,00 from August 2015. The Defendant is obligated to pay the remainder of the loans to the Plaintiff (= KRW 90,50,000 for KRW 30,00 for the remainder of the loans) and delay damages. (iii) From around 2012, the Defendant maintained the Plaintiff’s annual relationship with the Plaintiff and suspended the instant store lease to compensate for losses incurred from the Plaintiff’s operation deposit.

(b) money between the judgment parties;