1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from January 14, 2017 to the date of full payment.

1. Basic facts

A. The Defendants, around March 2015, operated a restaurant (F store; hereinafter “instant store”) in the name of Defendant B in Daegu Dong-gu D and 104 under the name of Defendant B.

B. On March 2015, when the Plaintiff and the Defendants paid KRW 130 million to the Defendants, the Plaintiff agreed to entrust the instant store to the Plaintiff by October 2016, which is the end of the contract term, and the amount of the investment that the Defendants paid to the Plaintiff KRW 4 million per month, and return without any condition upon the request of the Plaintiff.

C. The Plaintiff paid KRW 130 million to the Defendants, and registered as the business entity of the instant store on April 24, 2015. The Defendants, when operating the instant store instead of the instant store, paid KRW 4 million per month to the Plaintiff for three months from March 2015 to May 2015, and KRW 3 million per month from June 2015 to August 2015.

However, the Defendants were unable to operate the store of this case due to the difficulties of operating the store of this case. Around 2015, the Defendants discontinued the operation of the store of this case by suspending the operation of the store of this case and supplying only food materials for several months.

E. On November 18, 2015, Defendant C prepared and delivered a confirmation document (Evidence 1) that the Plaintiff would pay KRW 100 million to the store price of this case by March 2016, and the Plaintiff closed the business on May 18, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. According to the facts seen earlier, although the agreement on the store of this case between the Plaintiff and the Defendants was registered under the name of the Plaintiff, the agreement is deemed to be an investment agreement in light of the terms of the agreement, such as the entrusted operation of the Defendants, payment of the fixed amount of profit

In addition, around November 18, 2015, the Plaintiff and the Defendants agreed to make an investment agreement and agreed to settle the same content as the Gap evidence verification document. Thus, the Defendants jointly and severally agreed to pay the amount of termination to the Plaintiff as the termination fee, as sought by the Plaintiff.