1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 4,022,684 and KRW 4,00,00 among them.

1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1 to 11, and 14 may be admitted by taking into account the whole purport of the pleadings:

On May 15, 2015, the Defendant entered into an entrusted operation contract with respect to a cafeteria of the B corporation (hereinafter “instant operating contract”) between May 16, 2015 and May 15, 2016. The instant operating contract includes the following:

Article 7 (Payment and Reversion of Deposit for Contract) (1) In order to faithfully implement this contract at the time of conclusion of an entrustment contract, an enterprise (the defendant refers to the defendant; hereinafter the same shall apply) shall submit to the Corporation (B) a "Contract Execution Guarantee Policy" in relation to an amount of at least 10/100 of the estimated turnover during the contract period as a contract bond, to perform this contract in a faithful manner.

(2) Where an enterprise unilaterally violates all matters concerning a contract during the contract period, the contract deposit shall be paid to the Corporation in cash without delay.

Article 17 (Cancellation of Contract) (2) When an enterprise intends to cancel a contract during the contract period, it shall notify the Corporation in writing at least one month prior to the date it intends to cancel the contract and obtain approval from the Corporation.

B. On May 15, 2015, in order to secure the Defendant’s obligation to pay the Defendant’s contract deposit under the instant operational contract, the Plaintiff entered into a performance guarantee insurance contract with B Corporation, the insurance money of KRW 39,000,00 (contract deposit) and the insurance period from May 16, 2015 to May 15, 2016 (hereinafter “instant insurance contract”). The terms and conditions of the instant insurance contract include the following:

Article 7 (Payment of Insurance Proceeds) (1) Insurance proceeds to be paid by a company shall be the amount to be forfeited or forfeited to the insured, as stipulated in the principal contract.

Provided, That there shall be no confiscation or reversion clause of the contract bond under the main contract.