1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff operated a pharmacy (hereinafter “Plaintiff store”) with the trade name, namely, E-Contracting No. 101 of the 1st floor of the building on the ground of the mother-friendly L and ASEAN-si.

The Defendant leased the first floor among the buildings on one parcel, F in Asan City, and one parcel, which are owned by I, in KRW 20 million, and KRW 1060,000,000 per month of rent, and operated the automobile goods store (hereinafter “instant store”).

The above two stores are located in the front of the C Hospital at the flap of the road.

B. The Defendant and H (the operation of the Ma pharmacy in the instant store) agreed to exchange the place of business with each other.

Accordingly, around March 10, 201, H entered into a lease agreement with I, a lessor of the instant store, and with respect to the instant store, with a period of KRW 100 million, KRW 100,000,000 per month, and KRW 20,000,000 from March 28, 2011, to operate the pharmacy at the instant store.

The defendant also concluded a lease contract with H and M pharmacy, and paid 10 million won as down payment to H.

C. On March 15, 2011, the Plaintiff: (a) prepared a confirmation document stating that “The Plaintiff is responsible for all expenses incurred in the destruction of the lease agreement with the I and M Pharmacy H; and (b) the Plaintiff bears 20 million won out of the penalty that I bears to H,” and issued it to I, on the ground that the sales of the Plaintiff’s store may significantly decrease if the Plaintiff’s pharmacy enters the instant store; (c) around March 15, 201, the Plaintiff requested I to reverse the H rental agreement with the H.

On March 16, 2011, the Plaintiff remitted KRW 20 million to the Defendant under the pretext of the penalty for breach of contract, and the Defendant returned the said KRW 20 million to the I on March 17, 2011.

I paid penalty to H and reversed the lease contract with H.

On March 2011, the Plaintiff also requested the Defendant to reverse a lease agreement with H and the Defendant to pay the down payment to H.