A. On April 2016, the Plaintiff, who operated the Lestop (hereinafter “D”) of the trade name “D” in Jeju-si, entered into a contract with the Defendant on the transfer or acquisition of the instant store’s operating rights (hereinafter “instant contract”) with the Defendant on April 1, 2016 (However, the transferee was the Defendant’s wife E), recovered the lease deposit from the lessor of the instant store and the remainder of the year, and the Defendant agreed to enter into a new lease agreement with the lessor.

B. The Defendant paid to the Plaintiff KRW 30,960,000,000,000 as the instant contract price, and KRW 16,000,000,000,000,000,000,000 won on April 15, 2016.

C. Meanwhile, the Defendant, on April 7, 2016, is running a business after being handed over the instant store.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 4, 5-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Plaintiff and the Defendant set the instant contract amount at KRW 90,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000

Nevertheless, the Defendant paid only KRW 30,960,000 among the above KRW 70,960,000 to the Plaintiff and did not pay the remainder of KRW 40,000.0,000 to the Defendant. Therefore, the Plaintiff claimed against the Defendant for payment of the unpaid contract amount of KRW 40,000 and damages for delay.

B. The gist of the Defendant’s assertion is the cause of KRW 65 million, including the sum of the deposit and rent for the lease to the lessor. The Defendant paid KRW 34 million to the lessor the sum of the deposit and rent for the lease, and the Plaintiff paid KRW 30,960,000 to the Plaintiff.