A. On June 1, 2013, the Defendant leased a 316.7 square meters (hereinafter “instant store”) at a store located in Jeollabuk-do, Jeollabuk-do, Jeollabuk-do (hereinafter “instant store”) from the lessor to KRW 50,000,000,000, monthly rent of KRW 50,000,000, and operated a general restaurant in the name of “D” at that place.

B. On November 2013, the Plaintiff decided to take over the above restaurant operated by the Defendant (hereinafter “instant restaurant”) from the Defendant in the premium of KRW 70 million (per 50,000,000,000). However, prior to the conclusion of this contract, the Plaintiff had been operating the instant restaurant from December 2, 2013 to February 2, 2014, with the intention to operate the said restaurant as a model from December 2, 2013 to February 2, 2014, the Plaintiff paid KRW 50,000,000 corresponding to the lease deposit to the Defendant and operated the instant store from December 2013.

C. Around April 2014, the Plaintiff decided to take over the instant store. On April 1, 2014, the Plaintiff confirmed the goods to be transferred to the Plaintiff among the goods located within the instant store, and entered into a lease agreement with the Defendant to take over the entire goods, such as the instant store and equipment, in a premium of KRW 50 million (excluding KRW 50,000,000) (hereinafter “instant agreement”). On May 21, 2014, the lease agreement was concluded between the lessor and the lessor from June 1, 2013 to May 31, 2014.

On June 13, 2014, the Plaintiff paid KRW 15 million out of the premium to the Defendant.

E. On April 22, 2014, the Defendant filed a report on the closure of the instant store.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 1, Eul evidence 4-1, Eul evidence 5-2, and the purport of whole pleadings.

2. The parties' assertion

A. At the time of the Plaintiff’s assertion, at the time of the instant contract, the Defendant owned all the Defendant’s equipment located in the instant store. As the Plaintiff guaranteed the income of KRW 400 million through KRW 500,000,000 in a year, even if a funeral service was provided for three months to four months, the contract is entered into if the Plaintiff operated the store for one year.