1. The plaintiff's claim is dismissed.

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

1. Under the underlying facts and judgment, each of the following facts may be acknowledged by the plaintiff and the defendant, or by taking account of the following facts: Gap evidence 3 through Gap evidence 5, Gap evidence 12 through Eul evidence 17, and Eul evidence 1, the whole purport of the pleadings.

On July 1, 2013, the Defendant: (a) around July 1, 2013, designated the place of business as Geumcheon-gu Seoul, Geumcheon-gu, 202, and the trade name as “D”; (b) registered the retail business of the category of beauty art appliances; and (c) started to operate the business with the signboards indicating “E” with the entire seven glicking and two shower facilities equipped with bedclothess and bedclothess at the above place of business (hereinafter “instant building”); and (d) indicated on the entrance door of the above place of business to the effect that “Juvenile Access Prohibited Business” is “E”.

B. The Plaintiff and the Defendant are above the Plaintiff around June 13, 2014.

The contract was concluded with the content that the business rights and facilities described in the subsection are transferred in the amount of KRW 23 million.

(1) The transfer of business of this case is called the "transfer of business of this case" (hereinafter).

On June 13, 2014, the Plaintiff paid KRW 3 million to an account in the name of F under the pretext of payment under the instant business transfer agreement.

On June 19, 2014, G of the Plaintiff and the Plaintiff entered into a contract with G to lease the instant building with a deposit of KRW 15 million, monthly rent of KRW 1 million. On the same day, the Plaintiff paid KRW 15 million to G account in the name of G for the payment of deposit money under the said lease contract.

E. On June 19, 2014, the Plaintiff paid KRW 20 million to an account in the F’s name for payment under the instant business transfer agreement.

F. On June 19, 2014, the Defendant reported the closure of business as to the foregoing business, and the Plaintiff, on the same day, had the location of the instant building at the place of business, and had its trade name registered as “H” and began to engage in marina business.