1. The Defendant shall pay to the Plaintiff KRW 46,452,127 and the interest rate of KRW 15% per annum from January 7, 2016 to the day of complete payment.

1. Facts of recognition;

A. The Plaintiff entered into a lease agreement with respect to the fixed coponer of the DMaart in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “the instant Eart”), with respect to the lease deposit of KRW 30,000,000, and the lease period of KRW 30,000, and from January 31, 2015 to January 30, 2016, the Plaintiff agreed to receive 8% of the monthly sales proceeds (5% for two months from the open date) after deducting the fees of KRW 8% (5%).

(hereinafter “instant contract”). (b)

On January 30, 2015, the Plaintiff paid the lease deposit amount of KRW 30,000,000,000, total of KRW 30,000,000 on February 3, 2015, to E’s account as the name of the business operator of the instant marina, and began to operate the business by opening the above Mat on February 3, 2015.

C. Sales proceeds from February 2015 to March 2015, 2015 due to the business of refining, are KRW 30,160,134 (the sum of the amounts stated in the evidence Nos. 6 and 7).

The Plaintiff received only KRW 10,00,000, which is a part of the remainder after deducting the fee from the sales proceeds of this case. From April 2015, the Plaintiff paid KRW 1,100,000 as monthly rent instead of deducting the fee from the sales proceeds.

E. The above lease agreement was terminated on May 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, and 7, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant, who is the actual president of the instant marina, is the party to the instant contract, and the defendant should perform his obligations upon termination of the instant contract.

As to this, the defendant alleged that E, the actual owner of the instant marina is F, and the defendant is not the actual president.

B. The following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the pleadings in the facts of the above recognition and the statements in Gap evidence Nos. 3, 4, 5, 9, 10, and Eul evidence Nos. 2, 9, and 10, are the statement to the effect that the defendant was present at the first date for pleading and was acting as the president of the Mart. 1.