1. The plaintiff's claim is dismissed.

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

Basic Facts

The relationship between the parties and the details of the operation of the telecom (hereinafter referred to as “the network”) and D are elementary school students.

The plaintiff is the deceased's spouse, and the defendant is D's child.

Around December 13, 2013, upon the application of D, the business registration was completed under the name of the Defendant for the real estate listed in the separate sheet (hereinafter referred to as “the instant cartel”) as “Eel,” and the Defendant filed a report on the correction of the business registration with the trade name on August 19, 2014 as “Furel.”

In the process, the Deceased and D discussed the remodeling construction and operation of the instant telecom, etc., the Deceased transferred the sum of KRW 363,200,000 to D on several occasions from January 14, 2014 to December 28, 2014.

From December 26, 2014 to March 27, 2016, the deceased and the Plaintiff jointly (after the death of the deceased, the Plaintiff operated the instant cartel and managed its sales, profit-making, etc.).

(2) The deceased committed suicide around July 12, 2015 while requesting the return of the above remodeling construction cost to D, unlike the anticipated by the deceased during the operation period of the instant case. The deceased committed suicide around July 12, 2015.

On March 25, 2016, including related litigation between the Plaintiff and the Defendant, the Defendant filed a lawsuit against the Plaintiff seeking delivery of the instant franchise (hereinafter referred to as “related extradition lawsuit”) with the Jeonju District Court Branching 2016dan2340, and accordingly, from March 28, 2016 to December 31, 2016, the instant franchise’s business was suspended, and the Defendant and D operated the instant franchise from January 2017.

G, a child of the Plaintiff and the Deceased, filed a lawsuit seeking payment of KRW 365,00,000 (the Plaintiff’s claim amounting to KRW 219,00,000,000) in total against the Defendant and D, under the Jeonju District Court’s Gunsan Branch 2015,1870.

(2).