1. Basic facts

A. On January 30, 2015, the Plaintiff leased a deposit of KRW 10 million, two years with a monthly rent of KRW 600,000 (excluding value-added tax), and operated a coffee shop (hereinafter “E”) with a trade name, the Plaintiff operated the coffee shop (hereinafter “instant coffee shop”).

B. On September 26, 2016, the Plaintiff entered into an agreement with the Defendant to transfer to the Defendant all rights to the instant store and coffee shop on the condition that the Plaintiff would receive KRW 23.5 million, including the Plaintiff’s premium of KRW 13.5 million and the lease deposit of KRW 10 million for the instant store (hereinafter “instant agreement”).

On September 29, 2016, the Defendant paid the down payment of KRW 3.5 million to the Plaintiff. On September 30, 2016, the Defendant prepared a letter stating that “The premium of KRW 13.5 million, KRW 13.5 million, KRW 23.5 million, KRW 3.5 million, KRW 3.5 million, and KRW 20 million, KRW 20 million, and KRW 20 million, and delivered it to the Plaintiff.”

C. In accordance with the instant agreement, on September 28, 2016, the Defendant entered into a lease agreement between C’s father F, an agent of the above C, with the terms that the deposit amount is KRW 10 million, the lease period is from September 28, 2016 to September 27, 2018, and the monthly rent is KRW 600,000 (excluding value-added tax) (hereinafter “instant lease agreement”).

Then, a dispute arises between the Plaintiff and the Defendant on the grounds of the price, etc. of coffees in the instant coffee shop. The Plaintiff’s mother called “the Defendant would not operate the instant coffee shop and conclude a lease contract again with the Plaintiff on October 4, 2016,” and at the same time, the Defendant, who was on the side of the Plaintiff’s mother, changed the phone to “F.”