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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 11, 2016, Defendant B completed the business registration of the D Building and E (hereinafter “instant store”) with the trade name “F”.
Defendant B leased the instant store from G.
B. The Plaintiff concluded a sublease contract with respect to the instant store, and paid KRW 2.50,000 per month to G from August 2016 to July 2018.
C. From August 2016 to June 2018, the Plaintiff remitted the total amount of KRW 3 million to Defendant C’s account viaout 23 times each month.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. On July 18, 2016, the Plaintiff asserted that the Plaintiff entered into a contract with Defendant B on the transfer of the right to lease and the right to operate the instant store to the Plaintiff at KRW 110 million for premium payments.
However, as the Plaintiff is unable to prepare the premium to be paid in a lump sum, first of all, he concluded a sub-lease contract with Defendant B, operated the store of this case using Defendant B’s business registration name, and Defendant B paid the premium in installments for three years each month, and if the premium amount is KRW 110 million per month, Defendant B decided to transfer the right of lease and business of the store of this case to the Plaintiff.
From August 2016 to July 2018, the Plaintiff paid to Defendant B KRW 3 million in total via Defendant C’s account via the Defendant C’s account, and KRW 72 million in total.
However, Defendant B did not comply with the Plaintiff’s claim for the transfer of right of lease and goodwill by asserting that the money paid by the Plaintiff was not a premium but a price for the use of the store of this case.
Ultimately, around July 2018, the Plaintiff rescinded the premium agreement with Defendant B and transferred the operation of the instant store to Defendant B.
The premium contract between the plaintiff and the defendant B terminated retroactively according to the termination of the agreement.
Therefore, Defendant B entered into a premium contract.