beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 2014, the Defendant completed business registration as to the “E store” located in D (exclusive area of 57.72 square meters; hereinafter “instant store”) from among the buildings of three-story neighborhood living facilities on the land of Yeongdeungpo-gu, Young-gu, Chungcheongnam-gu, 2014.
B. The Plaintiff disbursed a total of KRW 172,384,780 in relation to the establishment and operation of the said coffee specialty (hereinafter “instant coffee specialty”).
(1) On February 11, 2014 and February 28, 2014, the Plaintiff paid KRW 40 million to the lessee F of the instant store over two occasions.
(2) On February 11, 2014, the Plaintiff entered into a lease agreement with the Plaintiff and the Defendant to lease the instant store as deposit money of KRW 50 million, monthly rent of KRW 2 million, and from March 1, 2014 to February 29, 2016 (24 months), and paid KRW 50 million in total as lease deposit to G on February 11, 2014 and February 28, 2014.
(3) Between February 27, 2014 and April 1, 2014, the Plaintiff paid KRW 82,384,780 in total to H (O), a co., Ltd., the headquarters affiliated with the same coffee specialty, over four occasions.
C. However, this coffee store closed its business after the store was delivered to the owner on the grounds of the delinquency in payment of monthly rent, etc. The Plaintiff was refunded the remaining lease deposit amount of KRW 40 million from the owner of the said store.
Meanwhile, prior to the filing of the instant lawsuit, the Plaintiff filed a claim for ownership transfer registration against the Defendant under Suwon District Court Branch Branch 2017Gadan215727, which, accordingly, the Defendant filed a counterclaim as 2018Gadan206096 (hereinafter collectively referred to as “prior lawsuit”), and the said court on June 28, 2018 (hereinafter referred to as “the instant compulsory mediation order”) in lieu of the conciliation decision as to the instant prior lawsuit.
The above decision was finalized on July 17, 2018. [No. 1, 2, 3 evidence No. 1, 2, and 3 of the evidence No. 1, 201.