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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On January 21, 2013, the Plaintiff asserted that he/she entered into a partnership agreement with the Defendant to invest KRW 180 million in the daily food store run by the Defendant, and on March 3, 2014, concluded a sales contract with the Defendant to receive KRW 240 million from the Defendant to transfer the said investment amount of KRW 180 million, the Plaintiff deemed the said investment amount as the down payment, and paid the remainder of KRW 60 million on the same day.
However, at the time of the above sales contract, the defendant changed the name of the business operator and the name of the tenant of C in the name of the plaintiff, and the sales amount of C was paid to the plaintiff immediately without going through D Co., Ltd. (hereinafter "D"). However, since the defendant did not perform the above obligation, the plaintiff cancelled the above sales contract on March 22, 2016. The defendant is obligated to pay the remainder of KRW 180 million, excluding the amount returned to the plaintiff.
2. Generally, who is the party to the contract is a matter of interpretation of the intent of the party involved in the contract.
The interpretation of a declaration of intent is to clearly define the objective meaning that the parties have given to the act of indicating, and where the contents of any contract are written in writing, which is a disposal document, it shall not be cited in the phrase used in the document, but it shall be reasonably interpreted by the parties, regardless of the internal intent of the parties, the objective meaning that the parties have given to the act of expressing
(Supreme Court Decision 2009Da92487 Decided May 13, 2010). According to the evidence Nos. 3 and 4 (including virtual numbers), the Defendant prepared a real estate lease agreement with the Plaintiff on March 3, 2014 that the Plaintiff purchases C at KRW 240 million, and the Defendant received respectively from the Plaintiff on January 2013, 2013.
However, evidence Nos. 1, 2, and .