1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant operated a general restaurant D’ (hereinafter “instant restaurant”) in the building on the ground of the land of the Seo-gu Incheon Metropolitan City, Seoan-gu C.

B. E contains the first, second, F and second, the Plaintiff.

E consulted with the Defendant in order to take over the restaurant of this case by making children the assignee.

C. On August 1, 2018, E transferred the instant restaurant to the Defendant at KRW 250 million (hereinafter “instant contract”); from the account in G name, the sum of KRW 30 million on August 1, 2018, and KRW 90 million on August 2, 2018 to the Defendant from the account in G.

On August 19, 2018, E paid KRW 110 million following the following day and paid KRW 50 million in installments for five months, the Defendant’s wife H concluded the contract unless the remainder KRW 160 million is paid in a lump sum by the following day.

E demanded the Defendant’s wife to prepare a written confirmation to the effect that “E had to know the contract in D”.

E. On August 20, 2018, the Defendant sent a text message again to E to the effect that “The instant contract has been terminated” was “E with the payment of KRW 110 million per hour, and KRW 50 million per month until December 20, 2018.” The Defendant demanded that E pay KRW 10 million per month by means of a written confirmation from the Defendant’s wife. After that, the Defendant’s wife came to know of the receipt of a written confirmation, and then, “E will have completed the instant contract.”

F. On August 20, 2018, the Plaintiff and E paid KRW 200,000,000,000,000 to the Defendant and the Defendant’s wife, and paid KRW 50,000 per month in the future. The Defendant stated that the contract cannot be maintained unless the remainder is paid in lump sum.

G. The Defendant requested an account number to return the down payment to E, and returned KRW 90 million on August 21, 2018, in which E notified the account number.

[Ground of recognition] A. A. 1-7, 9, 16, 17 evidence without dispute.