1. The Defendant’s KRW 40,000,000 and the annual rate of KRW 5% from June 30, 2016 to May 11, 2017 to the Plaintiff.

1. Basic facts

A. On April 1, 2016, the Plaintiff agreed to pay KRW 200,000,000,000,000 to the Defendant when concluding a lease agreement (hereinafter “instant lease agreement”) with respect to 101, 801, Dong-dong 101, Seongbuk-gu, Seongbuk-gu, Sungnam-si (hereinafter “instant building”) owned by the Defendant, with the lease deposit for KRW 200,000,000,000,000,000 from June 4, 2016 to June 4, 2018, and the remainder KRW 180,000,00,000,000 is delivered to the instant building.

In addition, the building at the time established a collateral security right of KRW 830,400,000,000 for the maximum debt amount at the time, the Plaintiff demanded the Defendant to obtain a guaranty insurance policy with the deposit amount of KRW 200,000,000 for securing the lease deposit, and the Defendant issued a special contract to deliver the said guaranty insurance policy with the Defendant.

Meanwhile, the Plaintiff and the Defendant agreed to the effect that “If the lessee or lessee fails to fulfill the contract, the other party may either cancel the contract and claim damages, and the contract deposit shall be deemed as the basis for damages, unless otherwise agreed.”

B. Since then, the Plaintiff heard from the Defendant on May 23, 2016 that the Plaintiff would be a director of the instant building on May 23, 2016, which was before the contract period, and sought KRW 90 million, out of the remainder of KRW 180 million, as a check, and continued to be the instant building for the Plaintiff’s director after depositing the remainder of KRW 90 million into the Plaintiff’s account. However, even though the Defendant did not issue the said surety insurance policy but did not pay the remainder.

C. Since May 31, 2016, the Plaintiff requested the Defendant to obtain a guaranty insurance policy by June 8, 2016, and did not perform such policy, the Plaintiff would cancel the instant lease contract.