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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The conclusion and progress of a lease agreement (1) The Defendant, while operating a restaurant with the trade name “D” in the Overcheon City C’s site and parking lot (the entire restaurant; hereinafter “instant restaurant”), provided that the name of the business operator around August 201 is placed in the name of the Defendant, and leased the instant restaurant to E and F under the following conditions:
(A) The lease term: (a) The lease deposit for two years from August 31, 201 to August 31, 2013: 10 million won was paid around the time of the contract, and the remainder of 50 million won shall be paid by the end of December 2011.
(c) Costs of equipment and facilities: 20 million won shall be paid by the end of December 201.
(D) Monthly rent: 1.5 million won shall be paid on September 201 and 7 million won shall be paid on the last day of each month from October 2011.
(e)All public charges such as electricity, water, gas shall be borne by E and F.
(2) On December 201, E and F did not pay the Defendant the remainder of KRW 50 million among the lease deposit, and KRW 20 million among the remainder of KRW 100,000,000,000,000 for equipment and facilities, and did not pay the monthly rent for several months.
(3) Furthermore, the Defendant agreed to terminate the instant lease agreement on January 20, 2012, as the name of the proprietor of the instant restaurant, that is likely to be held liable for public charges, employees’ benefits, and the obligation to pay for goods, etc. arising from the external business of the restaurant.
(4) However, on January 20, 2012, E continued to operate the instant restaurant even after it had continued to be operated by the Defendant, and the Defendant agreed to manage the sales amount and deduct the amount of unjust enrichment equivalent to the rent from the operating profit and resolve the said debt in succession.
(5) On April 15, 2012, E delivered the instant restaurant to the Defendant, and there was no settlement of the Defendant and its operating profit.
B. The assignment of claims E is based on the instant lease agreement on September 5, 2011.