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1. The plaintiff's claim is dismissed.
2. As to the claim of denial between the above parties in this Court.
Reasons
1. Facts of recognition;
A. 1) B B B B B between October 2, 2012 and D, and D’s stores located in Jung-gu Seoul Central Government E (hereinafter “instant store”).
A) A lessee entered into a lease agreement with a deposit of KRW 20 million, monthly rent of KRW 1 million (payment on the second day of each month), and was engaged in restaurant business in the name of “F.” B from that business to November 2012. Around December 2012, she would normally pay monthly rent and run the instant store with the unpaid monthly rent of KRW 20 million on December 2012.
3) After the departure of B, the Plaintiff came to run the instant store without operating the instant store, and the Plaintiff stated that D would wish to operate the instant store on behalf of B, but D would not arbitrarily transfer the right to operate the instant store without a three-party agreement with B, a lessee. Accordingly, on December 4, 2012, the Plaintiff and D acknowledged the right to return the lease deposit deposit deposit amount of KRW 20 million paid by B under the former lease agreement between D, B, and Plaintiff 3 as the Plaintiff’s right to return the lease deposit amount of KRW 20 million, and entered into a new lease agreement with the Plaintiff to continue to operate the instant store on condition that B would waive the right to return the lease deposit amount of KRW 20 million (hereinafter “instant agreement”).
(4) At the time of the instant agreement, B’s active property was practically attributable to the claim for the refund of deposit for lease of KRW 20 million for the instant store, and as a small property, G, Samsung Card Co., Ltd., Samsung Life Insurance Co., Ltd., Korea Card Co., Ltd., Ltd., Korean Bank, Hanhwa Life Co., Ltd., Korea Commercial Co., Ltd., and KIB Life Insurance Co., Ltd., Ltd., the total amount of debt of KRW 91,
B. B’s bankruptcy 1) After the instant agreement entered into, on July 24, 2013, B filed a petition for bankruptcy and immunity with this court, and was declared bankrupt on September 10, 2013, and the Defendant was appointed as B’s bankruptcy trustee. 2) The instant agreement was concluded by the Defendant.