beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion 1) On March 25, 2009, on the part of the Defendant and the Defendant, the Plaintiff’s singing room C with the Defendant, the first floor entertainment tavern (hereinafter “instant singing room”) and the “instant entertainment tavern”.
(2) The Plaintiff entered into a lease agreement with the Defendant to lease KRW 30 million, deposit money, KRW 1.7 million per month, and operated a singing club from around that time. Since that time, the Plaintiff demanded the Defendant to transfer the business to D in 2013, the Defendant mentioned the right to use the facility and would not make a succession agreement if he knows about KRW 40 million. On May 17, 2016, the Plaintiff paid KRW 40 million to the Defendant without any choice due to the reversal of the contract. (2) On May 17, 2016, the Plaintiff entered into a lease agreement with the Defendant to lease the instant entertainment club with KRW 50 million, KRW 2.4 million per month and KRW 2.4 million per month, and operated a singing club from that time.
Around 2017, the Plaintiff demanded the Defendant to transfer his/her business to a third party, and the Defendant demanded to waive the deposit amount of KRW 50 million. The Plaintiff received only KRW 30 million out of the deposit amount due to the cancellation of the contract.
3) As above, the Defendant abused the Plaintiff’s wife which requires succession to business, received KRW 40 million from the Plaintiff, and caused the Plaintiff to waive the deposit KRW 20 million. This constitutes an unfair legal act under Article 104 of the Civil Act. As such, the Defendant is obligated to pay to the Plaintiff the amount of KRW 40 million plus KRW 20 million, and damages for delay thereof. (B) The Defendant’s assertion 1) that the Plaintiff transferred the Plaintiff’s goodwill and the Defendant’s right to facilities, etc. to D in a lump sum around 2013, and the Plaintiff and the Defendant agreed to receive KRW 1/2 each premium paid to D.
At that time, the Plaintiff received KRW 100 million, and the Defendant considered the Plaintiff’s circumstances only KRW 40 million.