A. On June 10, 2013, including the conclusion of a prior lease agreement, the Plaintiff entered into a lease agreement with the Defendant and the Seoul Special Metropolitan City Nowon-gu on a store in the public bath (hereinafter “D”) with a deposit of KRW 40 million, and paid a deposit of KRW 40 million to the Defendant and operated the store from around that time until June 30, 2016, “D” closed.

On August 29, 2016, the Plaintiff received KRW 10 million out of the lease deposit from the deceased E (the deceased on April 12, 2017, hereinafter “the deceased”).

B. Around October 15, 2016, the Defendant operated “G” bath located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around October 15, 2016, and the Plaintiff operated the store within “G” (hereinafter “instant store”).

C. On February 8, 2018, the Plaintiff delivered the instant store to the Defendant, and the goods worth KRW 3.5 million at the time were also delivered.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 5 (including branch numbers for those with serial numbers) and the purport of the whole pleadings

2. The parties’ assertion

A. The Plaintiff’s assertion and the Deceased jointly operated “D” and “G”. The Plaintiff entered into a lease agreement with the Defendant and the Deceased to operate “D” store, and around October 2016, the Plaintiff entered into a lease agreement with a deposit of KRW 30 million for “G” store. However, a lease agreement to substitute the deposit amount for KRW 30 million under the preceding lease agreement was concluded verbally.

Therefore, the defendant is obligated to pay to the plaintiff 3,500,000 won of deposit and remaining goods price of 3,50,000 won and damages for delay.

B. The Defendant asserted that the Defendant transferred the status of “D” business entity to the Deceased on July 1, 2013 as part of the division of property at the time of the divorce with the Deceased, and the status of the lessor as to “D” stores within “D”.