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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendants, as married couple, operated “E” in Sejong Special Self-Governing City D (hereinafter “instant store”) from November 1, 2007.
B. On January 25, 2013, the Defendants transferred the right of lease, facility, goodwill, etc. to the Plaintiff under Defendant C’s name to KRW 240 million (right of lease KRW 40 million).
[Ground of recognition] Facts without dispute, Eul evidence No. 1, purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion (citing the Plaintiff’s claim): (a) the Defendants conspired to acquire the instant store from the Defendants, thereby deceiving the Plaintiff to acquire the instant store by deceiving the Plaintiff that monthly sales amounting to KRW 50 million, even though the monthly sales amounted to KRW 3 million; and (b) thereby deceiving the Plaintiff to acquire the instant store, thereby acquiring KRW 200 million.
The Defendants are jointly and severally liable to compensate the Plaintiff for KRW 100 million, inasmuch as they incurred damages equivalent to the above amount due to such unlawful acts.
B. In light of the fact that the Defendants conspired in collusion with the Plaintiff that the monthly sales amounting to KRW 30,000,000,000 in the store of this case would be above KRW 50,000,000, it is not sufficient to recognize the evidence No. 2, and there is no other evidence to acknowledge it.
Rather, according to the statements in the evidence Nos. 6-1 and 6-2, the sales at the instant store, which is the tax base of 2012 (the immediately preceding year in which the instant store was acquired by transfer), are 519,701,818 won in total, and the monthly average sales are 43,308,484 won (519,701,81,818 won/12).
The Plaintiff’s assertion is difficult to accept.
3. In conclusion, the plaintiff's claim against the defendants is dismissed in its entirety as it is without merit. It is so decided as per Disposition.