1. The defendant shall deliver the building stated in the attached list from the plaintiff to the plaintiff at the same time, and at the same time, KRW 40,000,000 to the plaintiff.

1. Basic facts

A. On November 13, 2014, the Defendant entered into a lease agreement with C and the attached list (hereinafter “instant building”) on a deposit of KRW 40 million, monthly rent of KRW 1100,000,000, and from January 1, 2015, with the period of lease of KRW 60,000,000, respectively, and C operated the PC upon delivery of the said building.

B. On September 18, 2017, the Plaintiff and the Defendant agreed to succeed to the status of the lessee of the instant building, and concluded a lease agreement with the following terms:

(hereinafter “instant lease agreement”). Deposit: 40 million won, but the Plaintiff shall pay to C on behalf of the Defendant.

(bb) Monthly rent: 1320,000 won (in the absence of any dispute): From the delivery date of real estate ( September 24, 2017) to 29 months;

C. According to the instant lease agreement, the Plaintiff paid deposit of KRW 40 million to C on behalf of the Defendant, and paid KRW 520,000 to C separately as the rent corresponding to the remaining period of September 2017, and was handed over the instant building on September 24, 2017.

On the other hand, the Plaintiff filed an application for partial termination of contract power with the Korea Electric Power Corporation on September 18, 2017, which was the date of the instant lease agreement, to use the instant building for purposes other than the PC bank, and the Defendant also agreed by telephone.

In addition, C reported the closure of the PC around that time.

E. However, on September 22, 2017, the Defendant sent to the Plaintiff a text message stating that “The Plaintiff determined to operate the PC in the lease agreement, and so another type of business cannot be permitted.” On October 17, 2017, the Defendant sent a content-certified mail to the same effect.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4 through 7, Eul evidence 1 (including provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. Although the parties asserted in the instant lease agreement did not limit the type of business to the PC, the Defendant is only a specific type of business.