2. The costs of lawsuit shall be borne by the Plaintiff.

A. On June 19, 2017, the Plaintiff asserted that: (a) around KRW 50 million, annual rent of KRW 30,000,000; and (b) paid KRW 28,000,000 as annual rent to the Defendant on June 20, 2017.

However, even though the Defendant delivered the instant building to the Plaintiff and decided to change the name of business registration to the Plaintiff by August 30, 2017 with the lessor’s consent, the Plaintiff failed to perform such obligations, thereby cancelling the sub-lease contract on November 22, 2017.

Therefore, the defendant is obligated to return the deposit and rent KRW 78 million paid to the plaintiff, and to pay damages for delay calculated from August 31, 2017, which is the day following the agreed date.

B. According to the evidence evidence Nos. 1, 2, and 3, the Plaintiff prepared a sub-lease contract with the Defendant and paid KRW 78 million to the Defendant, and the Plaintiff sent the content-certified mail to the Defendant on November 22, 2017 that the sub-lease contract will be rescinded, respectively.

However, in full view of Gap evidence Nos. 5, Eul evidence Nos. 2, 3, 5, and 10, and the whole purport of testimony and arguments by witnesses D, the plaintiff agreed not to lease the building of this case to D who borrowed the building of this case from the defendant, but to lease the amount equivalent to the deposit and rent, and to receive interest in 2.4 million won per month from D, and the defendant can be found to have fulfilled the duty of sub-lease to D. Thus, the plaintiff's above assertion is without merit, premised on the defendant's failure to perform the duty of sub-lease under the sub-lease contract to the plaintiff who is the sub-lessee.

2. Determination on the conjunctive claim

A. The Plaintiff’s assertion that the Defendant: (a) where D did not repay the loan to the Plaintiff, the Defendant agreed to refund the deposit amount of KRW 50 million for the instant building to the Plaintiff; and (b) this is KRW 50 million.