1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

가. 원고는 2013. 9. 28. 피고에게 별지 목록 기재 건물 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을 순차 연결한 선내 (가) 부분 18.7㎡ 점포(이하 이 ‘사건 점포’라 한다)를 임대차보증금 1,000만 원, 차임 월 70만 원, 임대기간 2013. 11. 1.부터 2년간으로 정하여 임대(이하 '이 사건 임대차계약'이라 한다)하고, 피고로부터 계약금으로 임대차보증금 중 300만 원을 지급받았는데, 나머지 잔금은 2013. 10. 31.까지 지급받기로 약정하였다.

B. Around October 15, 2013, the Defendant allowed the Plaintiff to perform the interior interior interior interior interior interior interior interior interior typists to use the said store as a mobile phone sales store, where the Plaintiff received key from the Defendant and let the Plaintiff do so.

C. On October 29, 2013, the Defendant sent to the Plaintiff’s husband C a certificate to the effect that “the remaining amount shall be paid at the end of October 2013,” and the construction work was first made, and the Defendant’s personality cannot be maintained on the ground that no balance cannot be paid to the employees and the construction work and the persons who performed the construction work, and the same person at least before the completion of the construction work, and thus demanding the return of construction costs and the down payment due to the destruction of the instant lease agreement.”

The Plaintiff did not pay KRW 7 million in balance of the lease deposit until October 31, 2013.

E. The Defendant filed a complaint against C in fraud, stating that “A was carrying out internal artificial test work upon obtaining permission from C, but C voluntarily collected the key to the instant store on October 25, 2013 and did not recover the down payment and construction cost.” However, the Suwon District Prosecutors’ Office rendered a disposition against C on July 8, 2014 without suspicion against C.

F. The Defendant filed a claim against C for construction cost, etc. with Suwon District Court No. 2014 Ghana41049, Feb. 3, 2015.