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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's assertion
A. From July 2001 to January 2003, the Plaintiff’s punishment was performed as set forth in the proposal of the deceased C (hereinafter “the deceased”), which is the father of the Defendant, for the purpose of manufacturing and selling kimchi and all kinds of cut foods. After January 2003, the Plaintiff worked as the director and vice president of D.
On July 2001, the deceased, who is the president of D, promised to pay 4 million won for one year to the plaintiff and 6 million won thereafter.
In addition, the plaintiff worked in E at the request of the deceased on February 2008.
However, the Deceased did not pay all the benefits to the Plaintiff except for the amount of KRW 4 million per month from March 2003 to May 2003.
C. Around May 2016, the Plaintiff and the Plaintiff’s wife demanded the Deceased to purchase the H restaurant located in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant restaurant”) at KRW 1.2 billion instead of the Plaintiff’s unpaid benefits until then, and the Deceased responded to that demand.
On June 6, 2016, the Deceased told the Plaintiff to purchase the instant restaurant at an open friendship group (hereinafter “instant group”) to commemorate the mother’s birth day.
The Plaintiff believed the above speech and behavior of the Deceased, and aided the purchase price with I, the owner of the instant restaurant, and told the Deceased that the price of the instant restaurant is KRW 1.3 billion. D.
The Deceased died on September 7, 2016, and the Defendant succeeded to all the property of the Deceased.
The Defendant purchased the instant restaurant instead of receiving wages from the Deceased Co., Ltd., D and E, as claimed by the Plaintiff, as claimed by the Plaintiff, instead of purchasing the instant restaurant.
The Plaintiff asserts that the agreement should pay the purchase price or the amount equivalent to the purchase price.