On November 13, 2015, the Plaintiff entered into a contract with the Defendant to obtain a lease on a deposit basis (hereinafter “instant lease contract”) with the end of November 13, 2016, setting the first and second floors of the attached building owned by the Defendant (hereinafter “instant building”) as the deposit deposit amount of KRW 100 million and the end of November 13, 2016.

B. On November 16, 2015, the Plaintiff registered the establishment of chonsegwon (hereinafter “instant chonsegwon”) with respect to the instant building from the Defendant from November 16, 2015, with the entire amount of KRW 100 million, KRW 100 million, KRW 2, and from November 13, 2015 to November 13, 2016 (hereinafter “instant chonsegwon”). Meanwhile, the Plaintiff operated the instant restaurant with the trade name “C” (hereinafter “instant restaurant”).

2. The assertion and judgment

A. The summary of the party's assertion (1) D, who represented the defendant, is planning to operate a restaurant in the part 1 and 2 of the building of this case, to the Plaintiff-type E, and proposed to improve the business defect by making an investment in the facility.

Accordingly, E, representing the Plaintiff, agreed with the Defendant to conduct partnership business, and agreed with us Co., Ltd. (hereinafter “us”) to undertake the repair work of the building of this case in the amount of KRW 60 million.

However, as the defendant's side is bound by D, it is difficult for the defendant to share the interior construction cost, the defendant's side proposed that the plaintiff should complete the interior construction work at the plaintiff's expense and open the restaurant.

Therefore, the Plaintiff entered into the instant lease agreement with the Defendant and established the instant lease on a deposit basis, and paid all of the construction costs to us, and completed the interior equipment and collection work at the Plaintiff’s expense. < Amended by Presidential Decree No. 26879, May 2015>