1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Defendant, who operated the rice-only restaurant “F” (hereinafter “instant restaurant”), in the Sungnam-gu Seoul Metropolitan City Section D and E (hereinafter “instant store”), requested the Plaintiff to provide services related to the transfer and acquisition of the instant restaurant.

B. On January 29, 2018, the Plaintiff (hereinafter “A”) and the Defendant (hereinafter “B”) concluded a contract with the following content (hereinafter “instant contract”) with the Plaintiff to take over the instant restaurant.

C. On the same day, the Defendant agreed to pay the Plaintiff KRW 20 million at the service cost as follows.

On the same day, Defendant and G entered into a contract to transfer or acquire the instant restaurant in the amount of KRW 70 million premium.

The contents of the above contract include the following: “The confirmation of prior consultation and coordination is made between the lessor of the instant store and the monthly rent of KRW 7.4 million.”

E. Meanwhile, on the other hand, on December 2017, the Defendant: (a) leased the said C shopping mall Noh to the owner I; and (b) after the conclusion of the instant contract, the Defendant recommended G to operate the instant restaurant in H rather than the instant store.

Accordingly, G decided to operate the instant restaurant in H, and entered into a lease agreement with I and H on January 31, 2018.

F. On February 2, 2018, the Plaintiff (A), the Defendant (A), and G (A) agreed to cancel the instant contract (hereinafter “instant termination agreement”) with the following content (hereinafter “instant termination agreement”).

A

G. After that, G again decided to operate the instant restaurant at the instant store, and on February 6, 2018, upon the agreement between I and H, the lease agreement between I and H was rescinded.

On the same day, Defendant and G entered into a contract to transfer or acquire the instant restaurant in the amount of KRW 70 million premium.

G entered into a lease contract with a lessor of the instant store around the end of February 2018, and paid all the amount of KRW 70 million to the Defendant, and KRW 5 million to the Plaintiff as the service cost.