A. The Plaintiff, from April 26, 2016, operated C and the Dong business, the mutual convenience store (hereinafter “instant convenience store”) with the building D in Gangwon-gu, Gangwon-do, and the “E new datum” on the first floor.

B. Around 2019, the Plaintiff consulted with the Defendant to transfer the business rights and facilities of the instant convenience store to the Defendant, and the settlement with C, a partner, was at issue during the consultation.

On June 10, 2019, the Plaintiff and C made a written agreement stating that the Plaintiff would pay KRW 20,000,000 to C through a certified judicial scrivener F, and C would receive KRW 20,000,000 from the Plaintiff through a certified judicial scrivener F, and at the same time transfer the instant convenience points to the Plaintiff, except the remaining goods (all household tools and household stores) at that time, and the penalty to be paid to the head office of the E “E” convenience store shall be liable to the Plaintiff.

C. On June 14, 2019, the Defendant remitted a total of KRW 20,000,000 to F judicial scrivener as part of the cost for the transfer of business rights and facilities of the convenience store in this case (the premium) (the spouse G transferred from the account in the name of his father H).

The above 20,000,000 won was paid to C. D.

On June 18, 2019, the Plaintiff reported the closure of the instant convenience store.

E. On June 19, 2019, the Plaintiff intended to enter into a contract with the Defendant for the transfer and acquisition of business rights and facilities, which set forth the business rights and the cost of the transfer of the instant convenience store as KRW 46,000,000, but the Defendant refused to sign.

F. On January 9, 2020, the Plaintiff filed a complaint on the charge that the Defendant would pay the premium of KRW 46,000 without the Defendant’s intent or ability to pay, and that the Plaintiff acquired pecuniary advantage of the amount equivalent to the premium upon the transfer of convenience points in the instant case. On January 9, 2020, the Gangwon Steel Police Station made a statement on the supplement of complaint.

G. On January 21, 2020, the Defendant paid KRW 18,000,000 to the Plaintiff.

H. On February 20, 2020, the Plaintiff appeared at the Gangwon Steel Police Station on February 20, 202 and partly paid the premium.