A. In around 2002, the Plaintiff started to operate the automobile repair business with the trade name “D” on the land and the third floor building indicated in the separate sheet from C, and since around 2005, the Plaintiff began to operate the senior secretary in the part as indicated in paragraph (1) of the separate sheet among the land indicated in the separate sheet with the automobile repair business (hereinafter “the instant third floor site”).

B. Upon obtaining the consent of C around November 2012, the Plaintiff sub-leaseed the instant detailed site to the Defendant at KRW 100,000,000, monthly rent, and KRW 2,000,000.

(hereinafter “The sub-lease contract of this case.” The Defendant operated the sub-lease of this case from around that time, and paid the Plaintiff the settlement amount calculated by deducting the monthly rent from the Plaintiff, after making the profit to be deposited into the Plaintiff’s account, the nominal holder of the permission for the sub-lease of this case.

C. The Defendant paid only KRW 30,000,000 among the instant sublease deposit to the Plaintiff, and did not pay the remainder of KRW 70,000,000.

The plaintiff, around December 2013, notified the defendant that he would pay the above deposit of KRW 70,000,000 to the defendant, but the defendant did not comply with it.

On May 2014, the Plaintiff notified the Defendant that the instant sub-lease contract was rescinded on the ground that deposit was unpaid.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-9, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the instant sub-lease contract was lawfully terminated on May 2014 due to the Defendant’s failure to pay the deposit, and the Defendant is obligated to deliver the instant sub-lease site to the Plaintiff, barring special circumstances.

3. Judgment on the defendant's assertion

A. At the time of concluding the instant sub-lease contract, the Defendant asserted 1 as to quasi-loan for consumption agreed to pay KRW 70,000,000 out of the deposit to the Plaintiff until April 2013, and thereafter, the Defendant did not prepare the said money on April 2013.