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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. A. Around May 2010, the Plaintiff and the Defendant came to know of each other in relation to the sugar service agreement regarding the mutual bath of “D,” “D,” the term “D,” and at that time, the said bath service agreement was concluded with the Defendant’s knowledge and connection. Accordingly, the service agreement was concluded between the said bath group Co., Ltd. and the Plaintiff operating the bath.
B. From around 2012, E had operated the instant bath (hereinafter “instant bath”). On March 18, 2013, the Defendant began to engage in cleaning and washing service business registration after having registered the instant bath as the location of the bath.
C. On October 1, 2013, the Plaintiff paid KRW 200,000 to the Defendant. On the same day, with respect to the instant bath, a contract for the use of bathing facilities (services) with the lessor E, the Defendant, the service deposit amount of KRW 200,000,000, and the use of bathing facilities (service) with respect to the instant bath (hereinafter “SI contract”) was concluded, and on October 10, 2013, the registration of the establishment of a mortgage with respect to the share of KRW 1/2,00 of the H building’s title on the E-owned high-si, Yongsan-gu, Busan Metropolitan City, with the maximum debt amount of KRW 20,00,000,000, the debtor, E, the debtor, and the Plaintiff and the Defendant was terminated.
원고는 2016. 4. 28. 피고에게 40,000,000원을 지급하였는데, 2016. 4. 29. 이 사건 목욕탕에 관하여 임대인 E, 용역인 원고, 용역보증금 60,000,000원, 용도 여탕피부�으로 한 목욕탕시설물(용역)사용계약서(이하 ‘피부계약서’라 한다)가 작성되었다.
E. On March 20, 2017, E filed an application for rehabilitation with the Jung-gu District Court 2017dan1005, and the rehabilitation procedure commenced on June 8, 2017. On July 7, 2017, the Plaintiff filed a report on a rehabilitation claim and rehabilitation security right of KRW 200,000,000 for E in the aforementioned rehabilitation procedure, and the said rehabilitation procedure was abolished due to a decision to exclude the rehabilitation contract.