A. On January 25, 2017, the Plaintiff entered into a contract with the Defendant for the acquisition or transfer of rights and facilities (hereinafter “instant contract”) to the 130 million won general restaurant (hereinafter “D”) of the 1st floor of the Busan Shipping Daegu C building, Busan, under which the Plaintiff paid KRW 13 million as the down payment on the day the contract was concluded, and the remainder shall be paid on February 10, 2017.

B. The relevant provisions of the instant agreement are as follows.

Article 4 (Cancellation of Contract) (1) The assignee may compensate the transferor for the amount double the down payment, and the transferee may waive the down payment and rescind this contract until the assignee pays the intermediate payment (if there is no advance payment agreement, the balance).

(2) If the transferor or transferee fails to perform the terms and conditions of this contract, the other party may notify in writing the person who has defaulted and cancel the contract.

In addition, the parties to the contract may claim the penalty for breach of contract respectively to the other party, and the down payment shall be regarded as the standard for penalty.

(3) The transferor shall endeavor to conclude a lease agreement with the owner and the transferee to the maximum extent possible on the basis of the following "the terms and conditions of the lease agreement (the change may be made at the request of the owner)" before the date of the remainder payment, and where the lease agreement is not normally concluded or does not proceed, this right and water supply contract shall be rescinded, and the part of the down

C. On February 3, 2017, the Defendant concluded a contract for acquisition of the right facilities by determining the premium as KRW 75 million for a restaurant in Busan Seo-gu, Busan, and paid the down payment of KRW 10 million on that day.

The Defendant, around February 8, 2017, notified the Plaintiff that Nonparty F would enter into a lease agreement with another person by way of content-certified mail, and received the down payment upon notifying the Plaintiff that the instant contract would be cancelled.