1. The Plaintiff:

A. Defendant C’s KRW 89,00,000 and for this, KRW 5% per annum from October 1, 2006 to November 28, 2016.

1. Facts of recognition;

A. On July 28, 2006, the Plaintiff entered into a contract on the transfer of rights (the instant transfer contract) with Defendant B, who operates Jongno-gu Seoul Metropolitan Government D 1st floor convenience store (hereinafter “instant convenience store”), which takes over a deposit of the said convenience store (a deposit of KRW 50 million, monthly rent of KRW 3 million) and the entire facilities of the said convenience store in KRW 120 million, and paid the said Defendant a sum of KRW 89 million on three occasions.

B. Since then, although the Plaintiff tried to make a sub-lease contract with the lessor of the above convenience store building or the sub-lease contract, Defendant B did not obtain the approval of the transfer contract of this case from E and did not receive the notification of the termination of the sub-lease contract from E on the ground that he did not pay any rent, even though he did not sublease the above convenience store from the lessee E, the said Defendant and E were not succeeded to the sub-lease contract.

C. On September 5, 2006, the Plaintiff was issued a letter of promise to refund KRW 89 million, which the Defendants received from the Plaintiff, to the Plaintiff by September 30, 2006, since the convenience store lease contract under the instant transfer contract was not sexually formed by Defendant B and his husband with Defendant C.

(hereinafter referred to as “instant agreement”). [Grounds for recognition] The parties to the instant agreement is without dispute, Gap evidence 2, and evidence 6-1, and the purport of the entire pleadings.

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 89 million and damages for delay from October 1, 2006, which is the day following the due date for payment.

B. (1) The Plaintiff’s assertion and determination of the Defendants (1) operated the instant convenience store on behalf of the Defendants for a period of ten months from September 2006 to June 2007, and during the foregoing period, KRW 50 million (5 million x 10 months). Proceeds from the operation of the instant convenience store, KRW 10 million from the operation of the instant convenience store, and the Plaintiff’s allegation to E.