The judgment of the first instance court is modified as follows.

The plaintiff's claim is dismissed.

3/5 of the total litigation costs is the plaintiff.

1. Basic facts - around October 18, 2018, the Plaintiff: (a) determined and leased to the Defendant a set of KRW 100 million deposit and KRW 4 million monthly rent at KRW 100,000,000, in a package of the restaurant “C” located in Nam-gu E and the coffee shop “G” located in Nam-gu E at port.

- On the 22th of the same month, the defendant set up and sublet the above coffee shop at KRW 50 million and monthly rent at KRW 1 million.

- The plaintiff terminated the above lease contract.

Appellanting the Defendant filed a lawsuit against the Defendant seeking the delivery of the said restaurant and coffee shop (Seoul District Court Branch Support 2019 Ghana 4296). - The Plaintiff and the Defendant agreed with the following contents around September 25, 2019 (see attached “performance confirmation”; hereinafter “instant agreement”). - The Defendant shall pay the Plaintiff the settlement amount of KRW 13.7 million.

- The lease on the restaurant and coffee shop is terminated.

- The settlement of accounts shall be made in full on September 25, 2019, and the above restaurant shall be ordered immediately.

As to the above coffee shop, the plaintiff is responsible for the name of the plaintiff.

- The plaintiff withdraws the above lawsuit.

- . 20 million won premium in a coffee shop shall be transferred to the coffee sub-lessee D account until October 4, 2019.

- Under the instant agreement, the Defendant paid KRW 13.7 million to the Plaintiff, and the Plaintiff withdrawn the said lawsuit around September 30, 2019.

[Grounds for Recognition] Unsatisfy, Gap 1, 2, 4, 6, 7 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. At the time when the Plaintiff’s assertion was concluded, the Defendant made a verbal agreement to pay KRW 100 million to the Plaintiff for the premium (or facility cost) by August 1, 2019.

In addition, this is separate from 20 million won that the defendant sent to D according to the agreement of this case.

Therefore, the defendant is obliged to pay KRW 100 million to the plaintiff.

B. As seen earlier, according to the instant agreement, the Defendant, by October 4, 2019, intended to transfer the price of KRW 20 million for coffee shop premium to the D account until October 4, 2019.

In addition, the defendant makes oral payments of KRW 100 million to the plaintiff.