2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. On October 27, 2015, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with C Co., Ltd. (hereinafter “C”), under which C received KRW 100,000,000 from November 2, 2015 to November 1, 2017, the lease deposit amount of KRW 100,000,000, monthly rent of KRW 8,500,000 (payment on December 2, 201), and thereafter received from C the lease deposit amount of KRW 100,000,000 and delivered the instant store.

In the instant lease agreement, the content of the special agreement that “monthly rent is a separate amount between 10% of the value-added tax and 10 million won of the management fee (2.4 million won), and the lessee shall restore the lease to its original state upon the expiration of the lease.”

B. C is currently using and gaining profit from the store in this case. From January 2018 to May 2019, only nine minutes out of the 17th monthly rent shall be paid to the Defendant, and the remaining eight-yearly rent of KRW 74,800,000 (==9,350,000 (= value-added tax of KRW 850,000) x 850,000) shall not be paid.

C. On the other hand, on December 27, 2018, C transferred the claim to the Plaintiff for refund of KRW 70,000,000,000, out of the lease deposit of KRW 100,000,00, and on the other hand, C notified the Defendant of the assignment of claim through the Plaintiff on December 28, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff received KRW 70,000,000, out of the lease deposit claim against the Defendant from the Plaintiff, and accordingly, the Plaintiff sought payment of KRW 70,000,000 and damages for delay therefrom from January to May 2019. (2) Defendant C’s monthly rent from January 2018 to May 2019 (=9,350,000 x eight x eight x eight x eight x x 15,00) is paid to the Defendant.