1. The Defendant: (a) KRW 38,00,000 for the Plaintiff and 5% per annum from January 10, 2014 to January 8, 2015; and (b) the Plaintiff.

1. Facts of recognition;

A. The Defendant is a person who has operated a part of the automobile maintenance business store (hereinafter “instant store”) under the trade name “D” in part of the building in Songpa-gu Seoul Metropolitan Government (hereinafter “instant building”).

B. Nonparty E leased the instant building and its site from Nonparty F, the owner of the instant building, and used it to run a tea business in the name of “G”, and sublet part of them to the Defendant, and the Defendant used it to operate the instant store for a period of ten years.

C. On December 2012, the Defendant posted a fee advertising (30 million won, monthly rent of 1,490,000 won, premium of 50,000 won, premium of 50,000 won, premium of 1,490,000 won, and premium of 50,000 won) on the Internet with the intention to discontinue the operation of the instant store, and posted it as a substitute at the real estate brokerage office.

Since then, the defendant revised the conditions by combining the three Deputy Director and the industrial company, and re-enters Internet advertising writing stating that deposit amount of KRW 50,000,000, facility and premium of KRW 100,000,000, monthly rent of KRW 3,300,000.

E. Around February 2013, the Defendant received the Plaintiff from a real estate broker. The Plaintiff, along with the Defendant’s store in this case, sent the intent to accept the Plaintiff.

During negotiations on Defendant, E, and the transfer price, the Plaintiff sought a third director of the store and E in this case and measured the size of the store and E.

F. The Plaintiff failed to conclude a transfer contract with E as the issue of transfer price, but after completing negotiations with the Defendant, agreed to take over the instant store orally on March 15, 2013, and paid KRW 20,000,000 to the Defendant on the day.

(g) On March 26, 2013, the Plaintiff and the Defendant drafted a transfer contract with the Defendant (hereinafter “instant contract”) on the side of KRW 20,000,000, remitted from the Plaintiff (hereinafter “A contract”).