The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On February 2, 2013, C, the husband of the Plaintiff, concluded, on behalf of the Plaintiff, a lease agreement on behalf of the Defendant, setting the lease deposit amount of KRW 20,000,00, monthly rent of KRW 4,500,00, and the lease period from February 13, 2013 to February 12, 2016, with the specific content as stated in the attached Form “A monthly rent contract” (hereinafter “instant lease agreement”).

B. Meanwhile, at the time of the conclusion of the instant lease agreement, C prepared a written agreement in the attached Form (No. 1; hereinafter “instant agreement”) on behalf of the Plaintiff on behalf of the Defendant, which was determined by the Defendant to receive 50% of the premium if the Defendant received the premium in return for later transfer of business of the instant store instead of receiving the premium from the Plaintiff, considering the fact that the Defendant invested in the facilities and operated the instant store before the said lease agreement was concluded, but its business conditions were not good.

C. After that, on February 13, 2013, the Plaintiff paid KRW 20,000,000 to the lease deposit, and operated a mutual sign of “I” with “I” at the place where the instant store was delivered on February 13, 2013 (amended to a general restaurant with “J” on September 8, 2017). The instant lease agreement has been implicitly renewed after the expiration of the lease term.

On August 14, 2019, the Plaintiff entered into a contract with K of new tenants on the instant store (hereinafter “instant contract for transfer and acquisition of rights”) and received KRW 66,000,000 for the premium.

(A) Evidence No. 14, B No. 4, E.

The instant lease agreement was terminated on August 30, 2019 by agreement between the Plaintiff and the Defendant, and the Plaintiff delivered the instant store to the Defendant.

On the other hand, the Plaintiff was the Defendant on February 13, 2014.