The defendant's KRW 40,500,000 to the plaintiff and 5% per annum from April 10, 2019 to August 13, 2020.

1. Facts of recognition;

A. On January 21, 2014, the Plaintiff entered into a lease agreement with D on the entire land floor (hereinafter “instant store”) among the building located in Gangnam-gu Seoul Metropolitan Government, stating that “20 million won in lease deposit, monthly rent of KRW 2.1 million in lease deposit, and the lease term of February 28, 2014 to February 27, 2015,” and around that time, the Plaintiff paid the above lease deposit to D and operated the restaurant (hereinafter “instant restaurant”) with the trade name “E” in the said store.

B. On April 14, 2018, the Defendant purchased the entire building including the instant store, and succeeded to the lessor status under the said lease agreement between the Plaintiff and D. On May 14, 2018, the Plaintiff and the Plaintiff entered into a lease agreement with respect to the instant store (hereinafter “instant lease agreement”) stating that “the Defendant would notify the Plaintiff of an increase of the rent of at least KRW 500,000 per month when the contract is renewed.”

C. On May 2018, the Plaintiff agreed to enter into a contract on the transfer and takeover of the right to all the rights and facilities of the instant restaurant on the condition that “20 million won is leased, monthly rent of KRW 2.6 million, premium of KRW 50 million” between F and F and the Plaintiff, who wishes to be a new lessee of the instant restaurant, to transfer all the rights and facilities of the instant restaurant,” but did not actually enter into such contract.

On November 4, 2018, the Plaintiff entered into a contract with G to become a new lessee of the instant store on the condition that “30 million won of lease deposit, monthly rent of KRW 3 million, premium of KRW 50 million,” with G to transfer all the rights and facilities of the instant restaurant.”