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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted that: (a) on February 7, 2011, when he/she worked as the head of the management office in the Chinese restaurant, which he/she leased and operated a commercial building from D; (b) on the condition that C borrows the lease deposit of KRW 200 million from C; and (c) C pays approximately KRW 35 million to C with the cost of equipment, facilities, etc. of the above restaurant; (d) on February 7, 2011, he/she was transferred the above restaurant under the condition that C pays approximately KRW 35 million to D with the cost of equipment, facilities, etc. of the above restaurant; and (e) on February 10, 2011, he/she leased the above commercial building and operated the Chinese restaurant, and registered the business with the name of "E" from February 10, 2011 to operate the Chinese restaurant, and completed the settlement with C by withdrawing the deposit of KRW 200,000,000 from time to time, and the Defendant unfairly held the attached list 201 million.
2. Facts of recognition;
A. On Oct. 12, 2009, C, the Plaintiff, leased from D on Oct. 12, 2009, the Busan Southern-gu 203 Dong 107 (hereinafter “instant shopping mall”) a deposit of KRW 200 million, monthly rent of KRW 300,000,000, and operated a restaurant of China (hereinafter “instant restaurant”).
B. C had made an investment in G, but around September 2010, G incurred losses due to the default of payment by G, and D had the due date on September 28, 2010, and 200 million won with interest rate of 18% per annum (a notarial deed of a monetary loan agreement, No. 3671, Oct. 12, 2009, written by law firm, 2009).
D) On October 4, 2013, the following: (a) drafted a receipt of KRW 180 million, among the deposit money of the instant commercial building, and KRW 20 million, which was remitted on August 17, 2012, and KRW 20 million, which was fully repaid on August 31, 2012.
The Plaintiff, from February 7, 2011, entered into a lease agreement with D, setting a deposit amount of KRW 200 million and KRW 1 million for monthly rent, and on February 9, 2011.