1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 10, 2018, the F, which operated a mutually “E” restaurant in the Sungwon-si C building D, transferred the above restaurant business to the Defendant on March 10, 2018.

(hereinafter referred to as the “transfer contract of this case”. Article 1 of the same Act includes the following provisions. The transferee shall pay the transferor the premium (including facility expenses and deposit) KRW 75 million in return for the premise of a definite rental contract which is able to lease after a rent.

(1) A down payment of KRW 10 million shall be paid on March 10, 2018.

(2) Any balance of KRW 65 million shall be deposited in 26 months from April 20, 2018 to May 20, 2020, after designating the 20th day of each month as the 20th day of each month.

(3) After May 20, 2020, the last balance shall be replaced with the name of the business operator and the name of the deposit for lease on a deposit basis in the name of the transferee.

(4) Where it is impossible to continue to pay premiums and deposits in installments under Article 1 (2) due to the personal reasons of the transferee during the course of implementing the promise to pay in installments, the terms and conditions of the contract shall be reversed ( null and void), and the amount already paid shall be returned to the transferee after deducting the amount of KRW 1,00,000 per month from the proceeds of business compensation, and the transfer and acquisition contract shall be committed under mutual agreement with the direction of automatic cancellation.

(5) All the expenses and expenses (including rents, outdoor operating expenses, and taxes) incurred in the operation of stores until May 20, 2020, the transfer or acquisition of which ends completely, shall be deemed to be fully borne by the transferee who operates the stores.

The transferor: B (Defendant)

B. On December 28, 2018, F and Plaintiff (F’s spouse) entered into a contract with F to transfer to the Plaintiff the claim amounting to KRW 43 million (the amount calculated by deducting the Defendant’s credit card payment amount from KRW 4.5 million each 2.5 million per each 19 minute, which was not yet paid, among the premium to be paid by the Defendant pursuant to the instant business transfer agreement.