1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Determination on the claim for refund of deposit for lease

A. The Plaintiff’s ground for appeal 1) is not significantly different from the allegations in the first instance court except for adding the claims as described in the following sub-paragraph (c), and each evidence submitted by the first instance court is presented to this court. However, even if the Plaintiff and the Defendant concluded a modified contract on February 2, 2017 to the effect that “the lease period shall take effect from the starting date of the D department store business, and shall be valid for the next three years,” it appears to set the lease period by taking into account the flexible schedule of the department store opening points in the future, and it is difficult to deem otherwise as a condition for suspending the time when the effect arises. The Plaintiff’s primary argument is not accepted, and the Plaintiff appears to waive the Defendant’s direct operation of store upon requesting the Defendant to return the lease deposit deposit to the Plaintiff on March 29, 2017. Therefore, it is difficult to view that the Defendant failed to perform its obligation to operate the sales store, and the Plaintiff’s assertion that additional part of the first instance court’s judgment and the second instance court did not have any binding effect on the contract establishment.

(b) Parts of dried goods;