A. On January 11, 2016, the Plaintiff and the Defendant completed the business registration under the Plaintiff’s name and operated a mutually named restaurant of “C” (hereinafter “instant store”).

B. While operating the instant store, the Plaintiff lent a total of KRW 19 million to the Defendant.

1. The instant store is operated by the Defendant.

2. The Defendant shall pay the Plaintiff KRW 30 million and KRW 18 million out of the above loans (excluding KRW 1 million paid) to the Plaintiff in installments for 16 months from May 1, 2016 to August 30, 2017, and shall pay the Plaintiff KRW 340,000 per month in addition to interest on installment payments.

3. The above performance agreement must be repaid through the sale, etc. of the store of this case, and the defendant shall not raise an objection in any case.

C. On April 10, 2016, the Plaintiff and the Defendant agreed to terminate a partnership and drafted a performance agreement. The main contents are as follows.

From May 12, 2016 to September 12, 2016, the Defendant paid a total of KRW 8.9 million to the Plaintiff, thereby repaying KRW 2.1 million out of the principal and interest on the portion of May and June (total of KRW 6.8 million) and the principal and interest on the portion of July, 2016, and delayed the payment of the remainder of the principal and interest on the portion of July.

E. Accordingly, on March 10, 2017, the Plaintiff transferred the instant store to D KRW 15 million for premium, and paid KRW 3.6 million for brokerage commission, and paid KRW 1,143,100 for alcoholic beverages in arrears by the Defendant, including KRW 2,514,00 for food ingredients, KRW 2,514,50 for four major premiums, KRW 2,509,920 for four major premiums, and KRW 10,691,650 for each amount.

F. In addition, the Plaintiff was returned KRW 3,228,770,000, deducting the Defendant’s delayed rent of KRW 6.3 million from the lessor of the instant store, and the amount of KRW 471,230,000,000, which is the amount of overdue rent of KRW 6.3 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 15 (including each number), the purport of the whole pleadings

2. Determination

A. The Plaintiff raises objection to the cause of the claim.