1. The Defendant shall pay to the Plaintiff KRW 138,50,000 and the interest rate of KRW 15% per annum from January 21, 2016 to the day of full payment.

1. Basic facts

A. While the Plaintiff was working as a principal restaurant in the restaurant of Cheongdo operated by the Defendant in China, the Plaintiff received a proposal from the Defendant that he would have the Defendant operate a singing room on May 16, 2006, and transferred the amount of KRW 18,500,000 to the account in the name of D, his father, as the lease deposit, to the Defendant’s wife, and transferred the amount of KRW 20,000,000 on November 8, 2006, KRW 40,000,000 on November 15, 2006, and KRW 30,000,000 on December 14, 2006 to the account in the name of E, a corporation in which the Defendant actually operated.

B. As the Defendant did not lease the above singing to the Plaintiff, the Plaintiff demanded the return of the above lease deposit, and the Defendant suggested that the Plaintiff sell the first floor of the G Living Facility 10 (hereinafter “the instant real estate”) to the Plaintiff in the Asia-si where the F Co., Ltd. (hereinafter “F”) was constructed, and that if the Plaintiff additionally pays only KRW 30,000,000 to the Plaintiff, the remainder of the sale price may be substituted by the above lease deposit, etc.

C. On March 13, 2008, the Plaintiff accepted the proposal and entered into a shopping mall sales contract (hereinafter “instant sales contract”) with F to purchase the instant real estate in KRW 182,00,000 under the Defendant’s guarantee (hereinafter “instant guarantee”) and paid KRW 30,000 to the Defendant on the same day.

After that, F sold the instant real estate to a third party.

No certified copy of the register concerning the instant real estate shall be found.

(See Supreme Court Decision 201Da11448, Nov. 2, 2016, 2011). However, there is no dispute between the parties as to the transfer of ownership due to sale of the instant real estate to a third party.

E. F is deemed dissolved pursuant to Article 520-2(1) of the Commercial Act on December 1, 2009, and on December 3, 2012, F was deemed dissolved pursuant to Article 520-2(4) of the Commercial Act.

F. The Plaintiff is F by means of content-certified mail on November 16, 2016.