A. The Plaintiff leased a commercial building on the first floor from D, the owner of the building on the ground in Ulsan-gu, Ulsan-gu, and operated a restaurant as “E” (hereinafter “instant commercial building”).

B. On June 5, 2017, the Plaintiff entered into a contract for the acquisition and transfer of rights (facilities) with the following content (hereinafter “instant contract”) on the transfer of the instant commercial building to the Defendant:

(Evidence No. 1). (Evidence No. 30 million won and security deposit of KRW 10 million (which shall be paid immediately by the Plaintiff to the Plaintiff from the lessor) and contract period from June 5, 2017 to June 4, 2019. (34 months) and June 5, 2017.

At the time of the conclusion of the instant contract, both the Plaintiff and the Defendant and the lessor were present, and at the time, the Plaintiff agreed to return KRW 10 million, which the Plaintiff had to receive from the lessor D, and the Defendant agreed to return it later from the lessor.

On June 5, 2017, the Plaintiff transferred the instant commercial building to the Defendant according to the instant contract, and transferred the business license and business registration to the Defendant.

E. However, until the date of the closing of argument in this case, the Defendant did not pay to the Plaintiff the sum of KRW 30 million and KRW 10 million, including the lease deposit, as stipulated in the contract in this case, and KRW 40 million.

[Reasons for Recognition] Evidence Nos. 1 to 5, Evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. Comprehensively taking account of the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of the premium and lease deposit for the acquisition of the instant commercial building as stipulated in the instant contract, and the damages for delay calculated at the rate of 15% per annum from August 29, 2017 to the day of full payment, as sought by the Plaintiff, after the delivery of the copy of the instant complaint, to the day of full payment.