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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be acknowledged either as a dispute between the parties or as a whole by taking account of the descriptions of Gap evidence Nos. 1-6 and Eul evidence No. 2, as well as witness D’s testimony.
A A A A around June 2014, the bankrupt transferred the sales of the precious metal store (hereinafter “the instant precious metal store”) operated by E in the name of “G” in the Busan Shipping Daegu from KRW 137 to KRW 120 million (i.e., lease deposit KRW 50 million), and registered its business in its name on June 2, 2014, and operated the instant precious metal store.
B. The Defendant entered into a partnership agreement with A to jointly operate the instant precious metal store (hereinafter referred to as “instant partnership agreement”), and entered into a lease agreement with A to change the name of lessee under the lease agreement with respect to the instant precious metal store to the Defendant on October 25, 2014, with H to KRW 50 million, monthly rent of KRW 3 million (excluding value-added tax), and the period from October 25, 2014 to October 24, 2015.
C. On August 28, 2015, the Defendant entered into a contract with I to jointly operate the instant precious metal store and dispose of it, and was paid KRW 67 million for the instant precious metal store (i.e., KRW 50 million for lease deposit (= KRW 17 million for lease deposit) with I by September 30, 2015 (i.e., KRW 538 million for lease deposit). By September 30, 2015, the Defendant was paid KRW 53.8 million for lease deposit (i.e., KRW 36., KRW 17 million after deducting the overdue rent from KRW 50 million for lease deposit).
A jointly with the Defendant, while operating the instant precious metal store, paid 5 million won as profit-sharing amount to the Defendant.
E. On July 16, 2015, A filed an application for adjudication of bankruptcy with the Busan District Court 2015Hadan1701, and the said court appointed the Plaintiff as the bankruptcy trustee on February 26, 2016.
2. The assertion and judgment
A. Summary of the parties’ assertion (1)