1. The Defendant’s KRW 34,211,00 and the Plaintiff’s annual rate of KRW 5% from April 22, 2017 to July 28, 2017, as well as the following.

1. Facts of recognition;

A. On June 17, 2015, the Plaintiff entered into a premium contract for transferring KRW 60 million both D and restaurant facilities, which operated a restaurant in the first floor of the Mapo-gu Seoul Metropolitan Government Ground Commercial Building (hereinafter “instant commercial building”).

The Plaintiff entered into a lease agreement on the same day, setting the lease deposit of KRW 15 million, monthly rent of KRW 1.5 million, and the lease term from June 26, 2015 to June 26, 2017.

(hereinafter “instant lease agreement”). The Plaintiff paid D premium of KRW 60 million around that time.

From July 6, 2015, the Plaintiff operated a restaurant with the trade name “F” in the instant commercial building from around July 6, 2015.

B. On December 8, 2016, the Defendant succeeded to the lessor’s status by acquiring the ownership of the instant commercial building.

C. On December 30, 2016, the Plaintiff asked the Defendant of the terms and conditions of the lease agreement to be entered into with the new lessee, and the Defendant expressed to the Plaintiff the intent that the new lease agreement may be entered into with the “a lease deposit of KRW 30 million and KRW 2 million per month.”

Accordingly, on April 22, 2017, the Plaintiff entered into a premium contract with G on the premise that the lease deposit amount to KRW 30 million, monthly rent to KRW 2 million, on the premise that the new lease contract with G would be concluded, with KRW 58 million.

The Plaintiff received 5 million won down payment from G on the same day.

Around that time, the Defendant expressed to the Plaintiff that the Plaintiff cannot enter into a new lease contract with a deposit for lease deposit of KRW 50 million and KRW 2.5 million per month of rent.

Although the Plaintiff delivered the Defendant’s intention to G, G determined that the condition was not possible to operate a restaurant in the instant commercial building, and demanded the Plaintiff to cancel the premium contract, and the Plaintiff returned KRW 5 million of the down payment paid to G on April 27, 2017.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 to 7 evidence, pleading.