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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
In light of the facts, H, around 204, set the lease deposit amount of KRW 100 million, monthly rent of KRW 580,000,000 for each land listed in [Attachment 2] paragraphs (1) through (3) of [Attachment 2] from the Plaintiff and G, and then constructed the buildings listed in [Attachment 2] Paragraph (4) of [Attachment 2] and the buildings listed in [Attachment 2] Paragraph (5) of [Attachment 2] on the ground, and operated the marina (hereinafter “the instant marina”) at the same time.
Nos. 1-2 and 2-2 of evidence Nos. 1-2, G and the Plaintiff engaged in the same business and intended to operate the instant marina, and acquired from H on July 30, 2004 the business related to the instant marina from H to KRW 770 million, including the claim for refund of deposit for lease from H to H in 100 million, and operated the instant marina on August 5, 2004 with the trade name “Jmate”, the joint business proprietor “G and the Plaintiff (50%) as the Plaintiff.
After the completion of the evidence Nos. 1-2 and 2-2 of the Evidence Nos. 1-2 of the same Act, the plaintiff discontinued with G to suspend the operation of the same between G, and reported the withdrawal of a joint business operator on September 8, 2005, and operated the marina in another place in Ulsan area. Since that time, G independently operated the instant marina, while operating the instant marina, it operated the retail store in attached Table 1 (hereinafter referred to as the "instant business").
On July 11, 2011, G, including the conclusion of the instant transfer contract between the Plaintiff and G, concluded a contract with the Plaintiff to transfer the instant business for KRW 400 million (hereinafter “instant transfer contract”), including the instant marina building, the instant marina warehouse, facilities and fixtures, and receive the down payment of KRW 61 million on the date of the contract, the intermediate payment of KRW 39 million on July 12, 201, and the remainder of KRW 300 million on July 28, 201. However, the Plaintiff’s obligation to return the lease deposit with respect to the leased stores located within the instant marina is accepted.