1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

On August 9, 2018, the Plaintiff entered into a contract with the Defendant to lease the lease deposit amount of KRW 20 million per annum, KRW 20 million per annum, KRW 25 million per annum, and KRW 25 million for the premium (hereinafter “instant lease contract”).

On June 29, 2017, the building where the store of this case is located is a new building that has been registered as being preserved in ownership in the name of the Defendant. Before the Defendant leased the building to the Plaintiff, the husband E made an investment in facilities, such as air conditioners, etc., and operated a restaurant with a quantity of six months at the store of this case. At the time of lease to the Plaintiff, the store of this case was a public room.

The Plaintiff, in accordance with the instant lease agreement, operated a restaurant by receiving delivery of the instant store from the Defendant, and returned the instant store to the Defendant at the time one year has not elapsed from the date of lease commencement, and demanded the Defendant to return the deposit and premium to the Defendant.

The Defendant, upon the Plaintiff’s request, rejected the payment of KRW 20 million on the ground that the Plaintiff did not have any obligation to return the premium of KRW 25 million.

After the plaintiff returned the store of this case, the store of this case remains as a 1-year public room, and the defendant received the premium and sub-leased it.

[Ground of recognition] The plaintiff asserted the following facts: Gap's evidence Nos. 1, 3, and 4, and the purport of the whole pleadings, and the plaintiff asserted the purport of the whole pleadings, which set the premium for using the business facilities owned by the defendant under the premise of the lease contract period of two years.

However, in the process of preparing a lease contract after the date, there was an agreement to reduce the term of lease from 2 years to 1 year, and for one year, there was an agreement to return the premium upon the expiration of the contract period on the ground that the decrease in the value of the facility of the store in this case is not significant.

The terms of these agreements.