2. The plaintiff's remaining claims.

A. On December 12, 201, Co-Defendant B (hereinafter “B”) concluded a sublease contract with the Plaintiff on the following terms: (a) the rent for the entire heading, H, and I part of the E-ground Condominium (hereinafter “sub-lease object”) among the profits earned by the Plaintiff from operating a coffee store from the leased object; and (b) the sublease period is 20% of the profits earned by the Plaintiff from operating a coffee store from the leased object; and (c) the sublease period is 60 months from December 19, 201 to 60 months (hereinafter “sub-lease contract”).

B. On November 16, 2012, the Plaintiff, B, Defendant, and Nonparty F changed the terms of the instant sub-lease agreement to pay KRW 1 billion to B instead of the rent, and the Defendant drafted a written agreement (hereinafter “instant agreement”) containing the content that the Plaintiff would be jointly and severally liable for the repayment of the said sub-lease deposit (hereinafter “instant agreement”).

The plaintiff paid KRW 1 billion to B the sublease deposit in accordance with the contents of the above agreement.

C. On December 13, 2017, the Defendant was declared bankrupt by the District Court 2017Hadan20205, but the said court decided to discontinue the bankruptcy on September 5, 2018.

【Reasons for Recognition】 The fact that there has been no dispute, Eul's entries in the evidence Nos. 2, 3, and 5, and the purport of the whole pleadings

2. Determination as to the cause of action

A. Comprehensively taking account of the facts acknowledged by paragraph (1) as to the principal portion, the instant sub-lease contract has expired as of December 19, 201, which was 60 months from the date of sub-lease commencement, and as of December 18, 2016, which was 60 months from the expiration of the period, it is reasonable to view that the Defendant is jointly and severally liable with B to return the deposit KRW 1 billion to the Plaintiff.

B. The Plaintiff is also claiming damages for delay after December 22, 2016 with respect to the above KRW 1 billion.

Where both obligations are simultaneously performed in a bilateral contract, even if the fulfillment period for one of the parties' obligations arrives, it shall not be held liable for delay of performance even if the other party fails to perform his/her obligations until the other party's obligation is performed, and such effect shall be effective.