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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 26, 2012, the Defendants entered into an agreement with D Co., Ltd. (hereinafter referred to as “D”) on “Korea-style cafeteria” (hereinafter referred to as “instant cafeteria”) which independently operates the said cafeteria including the construction cost of the cafeteria, after receiving the place of the cafeteria from D at the construction site and receiving it from D, and paid KRW 30 million as security deposit.
B. On February 20, 2013, the Defendants decided to succeed to the Plaintiff’s right to operate the above Hanba restaurant, and the Plaintiff entered into an agreement on the same content as the instant contract with D concerning the above Hanba restaurant (hereinafter “instant agreement”) and transferred the deposit amount of KRW 30 million to the Defendants with D with the consent of D.
C. The Plaintiff filed a criminal complaint against F, the Chairperson of D, who was unable to operate a restaurant by March 20, 2013, stating that “The construction of the instant site was not resumed, or 500 households did not sell the restaurant at the site of this case,” but purchased the instant site at KRW 9.2 billion, and constructed an apartment. Of 740 households, 50 households out of the 740 households were sold in lots and the Si was selected by the Corporation, thereby acquiring KRW 30 million from March 20, 2013.” However, the Seoul Southern District Prosecutors’ Office did not impose any charge on November 28, 2014.
The Plaintiff filed a lawsuit against D in relation to the claim for lease deposit against D, the Daejeon District Court Branch 2014Gadan12696, and D, by June 13, 2015, paid 30 million won to the Plaintiff by June 13, 2015, and if delayed payment, it did not object to the ruling on the recommendation for settlement by the above court on April 13, 2015 that the payment of the unpaid amount shall be made in addition to the damages for delay by 20% per annum.
[Reasons for Recognition] between the Parties.