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1. The plaintiff's primary claim and the conjunctive claim are dismissed, respectively;
2. The costs of lawsuit shall be.
Reasons
1. On October 2010, the Plaintiff and the designated parties F (hereinafter referred to as “Plaintiff, etc.”) operate the Bank of Bonds as a partnership business, and the designated parties F invested KRW 100,000,000,000 in total, KRW 50,000,000 in total, KRW 3,000,000 in monthly rent, and the period from November 30, 2010 to November 30, 2015, the Plaintiff and the designated parties (hereinafter referred to as “Plaintiff, etc.”) operated the Bank of Bonds as “I” from around that time.
Plaintiff
On June 12, 2012, Defendant C, D, and E (hereinafter “Defendant C, etc.”) set a deposit of KRW 4 million, monthly rent of KRW 50,000,000, and the period from June 12, 2012 to December 12, 2012, the sub-lease (the lease contract entered the Plaintiff A and the lessee as the lessor; hereinafter “the sub-lease contract of this case”). Defendant C, etc. operated a restaurant at any time thereafter.
However, on September 10, 2012, Silung-si notified the J and H of the extension or new construction of a prefabricated-type panel, etc. in violation of Article 12 of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Act”). On March 21, 2013, Defendant C, etc. notified the imposition of enforcement fines of KRW 50 million on March 21, 2013. Defendant C, etc. removed the violating structure and terminated the business. The Plaintiff, etc., returned KRW 27 million from H to the said lease agreement.
[Recognition] There is no dispute between the parties, or a fact inquiry inquiry of Gap 1 and 2, and a party member's presentation market
2. Judgment on the plaintiff's assertion
A. The Plaintiff primarily agreed to suspend the Defendants’ acquisition of the Plaintiff’s goodwill upon the termination of the contract period, and the Defendants agreed to refund the amount of KRW 50 million and the amount of KRW 50 million to the Appointor F.