1. The plaintiff's claim is dismissed.

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

1. On September 23, 2017, the Plaintiff entered into a contract with the Defendant for transfer and takeover of a business entity (hereinafter “instant contract”) that takes over all the rights and facilities related to the business rights and facilities of the Defendant’s Seoul Yeongdeungpo-gu, Seoul, and the first floor coffee retail store D in the price of KRW 484,812,000, and paid the down payment to the Defendant KRW 48,000,000.

Under the instant contract, on September 27, 2017, the Defendant submitted a waiver of the lease agreement to E, a lessor, a lessor of the building of the said coffee store (hereinafter “Mutual Aid Association”), and the Mutual Aid Association notified the Plaintiff of the documents necessary to conclude the lease agreement and the schedule to conclude the lease agreement on September 28, 2017.

However, on September 28, 2017, the Plaintiff’s creditor submitted to the Mutual-Aid Association a letter to the effect that “The Plaintiff, a creditor of the Plaintiff, silented the Plaintiff’s demand to repay debts of KRW 270 million to the Plaintiff, was taking over the first floor of the building of the Mutual-Aid Association, which is difficult to circumstances, and thus, the Plaintiff’s lease contract with the Plaintiff was reviewed, and, upon entering into a lease contract, appeal is raised to the effect that it is unreasonable not only by legal measures such as seizure of security deposit, but also by the supervising authority and competent authorities, but also by the press, etc.” (hereinafter “instant letter of investment”).

The Mutual-Aid Association in receipt of the instant written notification requested the Defendant to verify the authenticity and factual relations of the written notification, and provided that if the factual relations are not clearly verified, it could not enter into a new lease agreement with the Plaintiff.

On September 28, 2017 and thereafter, the Plaintiff did not consult or contact with the Mutual-Aid Association on the schedule of the lease agreement with the Mutual-Aid Association, and did not visit the Mutual-Aid Association, and did not take any particular measure even after receiving the contact with the person in charge of the management of the business corporation that arranged the instant contract and the Defendant on the written administration.

[Ground of recognition] Unsatisfy, Gap evidence 1 and Eul evidence 5, 7, 8, 11 are written and incorporated.