1. The judgment of the court of first instance is modified as follows.

On April 12, 2016, Plaintiff (Counterclaim Defendant) against Defendant (Counterclaim Plaintiff).

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. From July 2012, the Plaintiff operated the beauty art room (hereinafter “instant beauty art room”) with the trade name “D” as referred to in Article 104 of Changwon-si, Changwon-si C 104.

B. On April 12, 2016, the Plaintiff concluded a premium agreement with the Defendant on the instant beauty art room (hereinafter “instant premium agreement”) and received KRW 10,000,000 from the Defendant.

The contents of the premium contract (Evidence A No. 1) of this case are as follows.

A (Plaintiff) and a person who intends to become a new lessee (Defendant) enter into a premium contract as follows:

Article 1 (Payment of Premiums) Lessees shall pay premiums to new tenants as follows:

Total premium amounting to KRW 67,00,000 down payment of KRW 10,000,000 shall be paid and received at the time of a contract. Any balance of KRW 57,000,000 shall be paid on April 19, 2016.

Article 2 (Duties of Lessees) (1) A lessee shall arrange for a new lessee to a lessor, and shall cooperate so that a lease contract may be concluded between a lessor and a 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 values in return for the premium until a new lessee pays any balance:

Where a lease contract cannot be concluded due to a cause not attributable to a lessee and a new lessee, such as a lessor's refusal of the contract, unreasonable alteration of the terms and conditions of lease, damage to the object, etc. under Article 3 (Relation to Lease Contract), such as property value business facilities, transaction partners, credit, business know-how, business interest according to the location of a commercial building, etc., this contract shall be null and void, and the lessee shall immediately return the down payment, etc. paid to the new

Article 4 (Cancellation of Contracts and Compensation for Damages) (1) A new lessee shall pay any balance.