1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On March 21, 2019, the Plaintiff entered into a contract with the Defendant for the transfer of the business that the Defendant comprehensively takes over all rights and duties regarding the business of the Plaintiff, which was operating on the first floor of D Mart (hereinafter “D E”), located in the Gu of Chang-si, the Chang-si, and that the Defendant shall pay KRW 90 million as the acquisition price to the Defendant.

On April 15, 2019, the Plaintiff received the above bread burial from the Defendant and commenced the business, and paid 90,000 won to the Defendant until July 1, 2019.

B. The Defendant entered into a special agreement with D marina, and was engaged in the brec sales business at the above D marina stores. However, according to the said special agreement purchase transaction agreement, the Defendant could not transfer all or part of the rights and obligations under the contract or individual agreement to a third party without the prior written consent of D marina. If the Defendant violated the said agreement, D marina could terminate the special agreement with the Defendant.

D on November 14, 2019, the Defendant transferred bread stores in violation of a purchase transaction contract under a special agreement, and the representative was permanently stationed in the store and operated the business, but the notification of the scheduled termination of the contract was made on the ground that he did not reside in the store. Ultimately, the Plaintiff was a person on February 28, 2020, who was performing the said Category D marina business.

【Unfounded grounds for recognition】 The facts without dispute, Gap evidence Nos. 1 through 5 (including various numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant operated the above bread store prior to the conclusion of the contract with the plaintiff was unable to obtain trust from the part of the D marina, but it was hidden to the plaintiff, and there is a high possibility that the contract period may be extended between the above D marina. The defendant acted as if the defendant cooperates with the above D marina for the extension of the contract.