1. On October 28, 2015, the Defendant concluded between the Plaintiff and the Defendant with respect to the Plaintiff on September 30, 2014, in Seocheon-gu.

1. Presumed facts

A. On September 30, 2014, the Plaintiff entered into an agreement with the Defendant on the promotion of the business (hereinafter “instant agreement”) with respect to the construction, management, and operation of the facilities for the development of the small library (hereinafter “instant business”).

In the instant agreement, the Plaintiff is practically responsible and promoted the instant project, but the Defendant had the Plaintiff establish a separate investment company, thereby having the Plaintiff take charge of the instant project. On the other hand, the Defendant agreed to cooperate to the Plaintiff so that the instant project can be promoted smoothly.

Since then, the Plaintiff submitted a credit guarantee certificate issued from the Credit Guarantee Fund to the Defendant in order to guarantee the obligation to implement the instant agreement.

B. On September 7, 2015, the Defendant sent a peremptory notice to the Plaintiff stating that the Plaintiff would exercise the right to terminate the agreement of the instant case and proceed with the procedure of exercising the performance guarantee bond to the Defendant where it did not establish an investing company by the maximum deadline (within 60 days from the date of conclusion of the instant agreement).

C. On October 20, 2015, the Plaintiff failed to establish an investment company by October 20, 2015, agreed that the Defendant will continue the instant project without cancelling the instant agreement (hereinafter “instant agreement”) where the Plaintiff would take measures to recognize the establishment of an investment company by the date prior to the Defendant’s notice of termination of the instant agreement (No. 28, Oct. 27, 2015) (i.e., filing an application for payment, registration of incorporation, and authentication that the Plaintiff would not object to the performance bond).

On October 26, 2015, the Plaintiff paid shares on October 26, 2015.