A. On November 15, 2013, the Plaintiff acquired the business of “E Music Teaching School” (hereinafter “the instant teaching school”) from C, which was located in D Co., Ltd. B107, D Co., Ltd. (hereinafter “the instant teaching school”). On November 15, 2013, the Plaintiff leased the said building from F, a lessor of the said building, KRW 30,000,000, and operated the instant teaching school around that time.

B. On February 23, 2015, the Plaintiff agreed between the Defendant and the Defendant to operate the instant teaching school for one year. On revenues from up to 25 students, the Plaintiff first appropriated the monthly rent and various public charges, etc., to the Defendant’s profit. On revenues from exceeding 25 students, KRW 30,000 per person shall be the Defendant’s profit, and the remainder shall be paid to the Plaintiff (hereinafter “instant agreement”).

C. According to the instant agreement, the Plaintiff changed the name of the tenant of the instant teaching school to the name of the Defendant with the consent of the lessor F, and the Plaintiff and the Defendant drafted a certificate of monetary rent with the purport that “the Defendant borrowed KRW 30,000,000 from the Plaintiff, and the Defendant returned it by February 29, 2016.”

The Defendant, while operating the instant teaching school in accordance with the instant agreement, sold the said teaching school in KRW 32,500,000 for premiums to G on March 8, 2016, and received 30,000,000 for the lease deposit from the lessor.

E. On June 27, 2016, the Defendant deposited KRW 30,000,00 for the Plaintiff.

【Ground of recognition】 The fact that there is no dispute, Gap 2, 3 evidence, Eul 5, 7 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff 1's assertion that the parties concerned had the right to return the instant teaching school to the plaintiff after the termination of the instant agreement, but disposed of it to the other party, and received the lease deposit from the landlord, and thus the defendant has the right to lease deposit 30 million won and the plaintiff existing.