1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On April 17, 2008, the Plaintiff entered into a business takeover agreement (hereinafter “instant agreement”) with the Defendant as to the restaurant operated by the Plaintiff from January 2008 to Sungnam-si under the trade name “D” (hereinafter “instant business site”).

The Plaintiff and the Defendant decided to repay, on behalf of the Defendant, the sales-related obligations, business-related obligations, and wage obligations that the Plaintiff incurred until the time.

B. The Plaintiff and the Defendant drafted an operational plan prior to the instant agreement. The said operational plan states that “The details of the amount of the loan, as of April 17, 2008, are to be repaid in the course of operating the debt as of April 17, 2008. The Plaintiff (Plaintiff) will be the best cooperation key to the contract in 2009 (recontract). The amount of the sales fund shall be paid in cooperation every month. The amount of the sales fund shall be paid in KRW 500, F 300, G 400, G 400,000 won, H 1.5 million, KRW 1.520,000,000 per week, KRW 1920,0000,000 per week

Based on this, the Plaintiff and the Defendant agreed that the Defendant shall pay the obligations specified in the attached list, while preparing the attached list.

C. The Plaintiff paid I KRW 1,00,000 on June 16, 2008; KRW 700,000 on June 30, 2008; KRW 500,000 on April 23, 2008; KRW 1,000 on June 16, 2008; KRW 40,000 on August 8, 2008; KRW 00,000 on May 1, 2008; KRW 00,50 on June 16, 2008; KRW 00,000 on June 30, 200; KRW 50,50 on June 30, 200 on June 30, 2008; and KRW 8,500 on June 16, 200 on June 30, 2008; and KRW 8,50 on June 8, 2005; and

In addition, the Plaintiff paid the lessor K of the instant business site KRW 3,00,000 on behalf of the Defendant on May 9, 2008, and KRW 1,620,000 on May 14, 2008.

On August 8, 2008, the Defendant remitted KRW 10,000,00 to the Plaintiff.

[Ground of recognition] without any dispute, Gap evidence 2 through Gap evidence 5, Gap evidence 9, purport of whole pleading, and purport of whole pleading

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant shall be the plaintiff on April 17, 2008.