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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 3, 2013, the Plaintiff leased KRW 150 million to C, D, and E (hereinafter “the instant loan”) at the maturity of payment on July 3, 2013 and at 30% per annum. At the time of the instant loan, C, D, and E transferred the ownership of the instant healthcare organization owned by the said C, D, and E to the Plaintiff by means of an occupancy revision to secure the instant loan, and the Plaintiff created a security right to transfer the instant healthcare organization to the Plaintiff, and issued a notarial deed of a monetary loan agreement on money transfer for security with such content.
B. On May 1, 2013, the above C invested in the instant loan and started to operate the health club (hereinafter “instant health club”) with the trade name “G” in Yeongdeungpo-gu Seoul Metropolitan Government F on May 1, 2013, but did not pay the monthly rent for at least three months since its operation was not good.
Accordingly, the lessor, the instant health club, demanded C to transfer the instant health club store around October 2014.
C. On October 2014, the Defendant entered into a contract for transfer and takeover of rights (hereinafter “instant contract for transfer of rights”) with the content that the Defendant would acquire business rights and facilities, including the right of lease, from C, including the right of lease of the instant health club (hereinafter “instant contract”).
After the Defendant acquired the right of lease from C pursuant to the instant contract for the transfer of right, on November 1, 2014, the Defendant concluded a lease agreement on the lease deposit for the instant health club store from Daii Commercial Co., Ltd., Ltd., the lessor of the instant health club, with the term of KRW 200 million, monthly rent of KRW 11,100,000, and the term of lease from November 1, 2014 to April 30, 2016. The Defendant thereafter operates the health club with the trade name “H” while occupying the instant health club store and the instant health organization.
[Ground of Recognition: Facts without dispute, Gap 1, Eul 1 through 5, Eul 7 and 8 (each entry including each number);