1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 10, 2015, the Defendant entered into a premium agreement with the Plaintiff on the content that the Plaintiff transfers all business rights, facilities, and fixtures related to the instant store to the Plaintiff at KRW 36 million (hereinafter “the instant premium agreement”) while operating a store (hereinafter “instant store”) operating the sales of automobile products and the interior interior interior interior of the automobile, etc. with the trade name “D” in Gwangju-gu.

B. On September 10, 2015, the Plaintiff paid 36 million won under the premium contract of this case to the Defendant and operates the instant store from that time.

C. The following are written as to the contents of the premium agreement of this case.

The transferor does not engage in the same kind of business including the business in the name of a third party at the same time and does not compete with employees, etc.

Doards, such as business equipment, shall exceed all other things, such as Internet Kaster, etc.

The fact that there is no dispute over all other goods and all other facilities kept for business, such as the premium of KRW 20,000,000 for the goods of KRW 6,000,000 for the first time, and the premium of KRW 10,000,00 for the goods of KRW 10,000 (business, facility floor) for the goods of KRW 3,00,00 for the goods of KRW 10,00 for the goods of KRW 20,00 for the goods of KRW 3,

2. The plaintiff's assertion that the defendant violated the premium contract of this case in violation of the following obligations, and the defendant's violation obligation constitutes a principal obligation to the extent that the purpose of the contract can not be achieved.

Therefore, since the purpose of the premium contract of this case was not achieved due to the Defendant’s nonperformance, the Plaintiff cancelled the premium contract of this case through the delivery of a duplicate of the complaint of this case, and the Defendant is obliged to pay the Plaintiff the price of KRW 36 million under the premium contract of this case and the damages for delay.

The defendant has violated the business rights and the obligation to relocate the business facilities, the obligation to transfer the business know, etc. to the plaintiff.