1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Basic facts

A. On May 27, 2013, the Plaintiff entered into a contract for the transfer of the C cafeteria operating right with D on May 27, 2013, to transfer the C cafeteria (hereinafter “instant cafeteria”) at the Defendant’s brokerage to D KRW 120 million (the contract amounting to KRW 10 million and the balance KRW 110 million) for the premium (hereinafter “instant contract for the transfer of the operating right”), and received KRW 10 million from D deposit on the same day.

B. On June 6, 2013, the Plaintiff, Defendant, and D entered into an agreement on the payment of contractual performance guarantee, and the key contents are as follows.

(hereinafter “Agreement on Payment of Contract Deposit of this case”). Amount of contract of this case: Amount of contract deposit of KRW 120 million: Amount of contract deposit of KRW 20 million: Guarantee of contract performance of KRW 20 million

1. All rights of the Ccafeteria on June 7, 2013 shall be transferred to the assignee (D) and a rental deposit and premium shall be paid in accordance with the lease contract.

2. The transferor (Plaintiff) shall transfer in good faith within the transfer period (from June 7, 2013 to June 13, 2013).

3. Payment shall be made to a transferor after deducting security deposit within a contract period, when various public charges, unpaid amount, debts, etc. incurred before transfer occur.

4. The insurer (Plaintiff) agrees to have received all of the premium to the assignee (D), including deposit money of KRW 20 million.

5. The payment of a security deposit shall be made immediately to the transferor, even if the period of the contract is within the period of the contract under the consent of the transferee;

6. Even if the deposit is not paid to the transferor smoothly due to the personal problems of the custodian, etc., he/she shall not be held liable to the transferee (D);

C. D, on June 10, 2013, paid the remainder of KRW 90 million to the Plaintiff, and KRW 20 million to the Defendant, respectively. D, the contract performance guarantee, etc. was paid to the Defendant.

The Plaintiff filed a claim for the completion of the transfer and acquisition contract of the instant operating right and the payment of custody money shall transfer the instant sales right to D around July 6, 2013.