1. The Defendant’s KRW 40,000,00 and the Plaintiff’s annual rate of KRW 6% from February 3, 2016 to November 30, 2016, and the following.

1. Facts of recognition;

A. On October 17, 2012, the registration of the appointment and cancellation of the representative director in B was completed on October 17, 2012, when the representative director C resigns resigns and the registration of the appointment of the representative director in B was completed on August 21, 2013. 2) On August 21, 2013, the registration of the appointment and cancellation of the representative director in B was completed on August 21, 2013 pursuant to the provisional disposition order ( Daejeon District Court Branch Office 2013Kahap56) in which D was appointed as the acting director.

3) On November 26, 2014, the dismissal of C from the representative director and the appointment of B as the representative director, and the judgment on confirmation of absence of the resolution of the general meeting of shareholders and invalidation of the resolution of the board of directors by the Daejeon District Court 2013Gahap2132, and the judgment on invalidity of the resolution of the general meeting

(2) On April 13, 2015, upon the Defendant’s application for registration, the registration of the office of representative director B was cancelled. Accordingly, the registration of the provisional disposition of the suspension of the performance of duties, and the registration of the appointment of the agent for D was cancelled ex officio. (B) On April 13, 2015, the Plaintiff entered into a lease agreement with B as to the lease deposit amount of KRW 400,000,000,000 for lease deposit and KRW 86.16 square meters for the area of public use (hereinafter “instant store”) with respect to the area of exclusive use by the 103th, Seo-gu, Seo-gu, Incheon Metropolitan City E-gu, the Defendant owned on April 13, 2015 (hereinafter “instant store”).

(2) Under the instant lease agreement, the lessor delivered the instant store to the Plaintiff by July 15, 2015, and agreed to cooperate with the Plaintiff in commencing the interior construction work. 3) On April 27, 2015, the Plaintiff transferred the down payment of KRW 40,000,000 to the Defendant’s deposit account.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-2, the purport of the whole pleadings

2. The parties' assertion

A. The representative director in the corporate register of the defendant at the time of the lease agreement for the primary argument of the plaintiff.