1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. On December 2015, the Plaintiff asserted that the Plaintiff entered into a business transfer agreement (hereinafter “instant transfer agreement”) with the Defendant on the content that, with respect to entertainment taverns (hereinafter “instant main points”) with the name of the building C in Ansan-si and the “D main points” operated by the Defendant (hereinafter “instant main points”), the Plaintiff would pay KRW 120 million to the Defendant for the premium of KRW 120 million, liquor and house house, KRW 300 million, and KRW 300 million, lease deposit, KRW 153,000,000,000,000, and the Defendant would transfer to the Plaintiff all of its business (including facilities and steves), and thereafter, the Defendant would pay all KRW 150,000,000 to the Defendant (including KRW 20,000,000,000,000) from December 23, 2015.

The instant transfer contract constitutes a transfer of business under Article 41(1) of the Commercial Act. The Defendant breached its duty under the instant transfer contract, such as commencing the operation of a new entertainment tavern, which is the same kind of business, at the immediate next building of the instant main shop, and contacting the existing customers of the instant main office.

Ultimately, the plaintiff paid premiums to the defendant by deceit by the defendant that he/she would transfer the whole business including a single aggregate customer. Thus, the plaintiff shall revoke the premium contract among the transfer contracts of this case by delivering a copy of the claim of this case and the application for modification of the cause of claim.

Therefore, the defendant is obligated to return to the plaintiff the premium of KRW 120 million and damages for delay.

2. Determination

A. According to the statements in the evidence Nos. 1 through 4, the Plaintiff paid KRW 120 million to the Defendant around December 2015, and continues to operate the business by succeeding the trade name, facilities, type of business, etc. of the instant main points as they are, after receiving the instant main points from the Defendant around December 2015, and succeeding to the trade name, facility, and type of business of the instant main points. The Defendant’s business operation is below the entertainment tavern of the E-Gu building and F under the trade entertainment tavern of “F” in the instant main points.