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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 20, 2014, the Plaintiff entered into a lease agreement with C and D to lease part of the first floor of the building located in Jung-gu Seoul Special Metropolitan City E (hereinafter “instant store”) in the area scheduled for redevelopment with C and D without a deposit, as the monthly rent of KRW 5,500,000,000 from December 20, 2014 to the time of redevelopment (hereinafter “instant lease agreement”).
At the time, the instant store is a place where the Plaintiff’s son operated a restaurant in the name of “G” as a Dong business.
B. Upon entering into the instant lease agreement, C and D paid KRW 50 million to the Plaintiff via the Defendant. Since January 2015, C and D installed interior facilities in the instant store, and operated the restaurant with the trade name “H” at the instant store. The said F re-operatingd the restaurant with the trade name “G” in its neighborhood.
C. When the redevelopment of the daily prices of the instant store became final and conclusive, the Plaintiff and F, from October 2015, requested C and D to the Defendant from around October 2015, and the Defendant delivered the said lessor’s request to C and others. As D and C et al. came to fall within the year of the instant lease, the Plaintiff and F via the Defendant demanded the Plaintiff and F to compensate for the damages, etc. caused by the Plaintiff’s operation of the said house again in the vicinity of the instant store.
E. F, the Plaintiff’s agent, was unable to resolve the issue of reputation of the instant store by December 2015, and received the Defendant’s request through the Defendant, etc., and subsequently, F and C met with C around December 2015. In addition, F and C paid KRW 120 million to C, etc. instead of ordering the instant store.
F. Accordingly, on December 24, 2015, F met C with the Defendant, and on the same day, F paid KRW 120 million to C through the Defendant.