A. The Defendant entered into a sub-lease contract with C (hereinafter “C”) with respect to some three-story stores of Yongsan-gu Seoul Metropolitan Government E-building, including F, leased by CD.

B. On October 14, 2016, the Plaintiff entered into a consignment operation contract with the Defendant on the part of the Defendant with respect to the third floor F of the building newly constructed in the instant E-building that the Defendant moved from C (hereinafter “instant store”). As to the term of the contract from September 2016 to September 20201, the Plaintiff entered into a consignment operation contract with the effect that the Plaintiff would pay the fees for the instant store when entrusting the operation of the instant store (hereinafter “instant contract”).

C. At the time of entering into the instant contract, the Plaintiff agreed to pay KRW 120 million to the Defendant for the interior and other expenses of the instant store (Article 2(b)). Accordingly, the Plaintiff paid the Defendant a sum of KRW 120 million from October 14, 2016 to November 18, 2016.

Around December 2016, the Plaintiff started operating the instant store. However, as the lease contract concluded between C and D was terminated, the Plaintiff left the store as it was impossible to operate the instant store, and the Defendant removed the store from the store prior to C around June 2017.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 and 2 (including provisional number), the purport of the whole pleadings

2. As seen earlier prior to the determination on the cause of the claim, the Plaintiff was unable to operate the instant store as the lease contract concluded between C and D was terminated, and thus, the instant contract becomes impossible to implement.

In addition, according to the statement in Gap evidence No. 1, the defendant guaranteed the plaintiff's business period "at least five years", and it can be recognized that the defendant would compensate for "the sum of money paid to conclude the contract of this case" in the event the plaintiff's business cannot continue due to the defendant's fault.