1. The Defendant’s KRW 5 million to the Plaintiff, as well as 6% per annum from June 15, 2018 to January 9, 2019, and the following day.

1. Basic facts

A. On December 17, 2015, the original Defendant entered into a contract on the premium for the lease of commercial buildings (hereinafter “instant contract”) with respect to the restaurant located in Seongdong-gu Seoul building and the first floor Fho Lake (hereinafter “instant store”) operated by the Defendant, with the following contents:

Article 1 (Payment of Premiums) of the Premium Agreement for Lease of Commercial Building (Payment of Premiums) shall be paid to the lessee [the defendant] as follows:

Total premium: Article 2 (Duty of Lessee) (1) The lessee shall arrange for a new lessee to the lessor, and shall cooperate so that the lease contract may be concluded between the lessor and the new lessee.

(2) A lessee shall cooperate in the transfer of telephone subscription rights, abolition of business registration, etc. so that a new lessee may commence normal business.

(3) A lessee shall transfer the following tangible or intangible property value in return for the premium until a new lessee pays any balance:

Type of property value: All of the business facilities, fixtures, etc. shall be transferred to a new lessee.

B. On December 21, 2015, the Plaintiff entered into a lease agreement with H Co., Ltd., the owner of the instant store, and commenced restaurant business under the name of “I” from January 6, 2016, and around that time, paid KRW 34 million to the Defendant for the premium.

C. Meanwhile, from February 13, 2016, the Defendant is running a restaurant business with the trade name of Seongdong-gu Seoul Building and the first floor above 450 meters away from the instant store from February 13, 2016.

As the Plaintiff removed the building where the instant store is located for reconstruction, the Plaintiff continues to conduct restaurant business by relocating to Seongdong-gu Seoul Metropolitan Government J building and K on September 28, 2018.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1, 4-11, and the result of the response to the submission of taxation information, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s instant contract is transferred to the business under the Commercial Act.