1. The defendant's appeal is dismissed.

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

3.Paragraph 1 of the text of the judgment of the court of first instance.

1. Basic facts

A. On November 2002, C leased part of the first floor of the Gangnam-gu Seoul Metropolitan Government D ground building owned by itself (hereinafter “instant store”) to the Defendant, and the Defendant completed business registration with the trade name “E” at the instant store and conducted restaurant business.

B. On October 30, 2006, the Plaintiff entered into a sublease contract with the Defendant with regard to the instant store as “the deposit of KRW 10 million, monthly rent of KRW 4 million,” and “the deposit of KRW 4 million from October 30, 2006 to October 29, 2007” (hereinafter “the sublease contract in this case”), and thereafter, paid KRW 10 million to the Defendant for the sublease deposit.

However, the Plaintiff used the business registration under the name of the Defendant and also used the credit card franchise agreement concluded under the name of the Defendant. However, if the credit card sales amount is deposited into the Defendant’s bank account, the Plaintiff agreed to pay the difference by deducting the balance of the rent and public charges from the Defendant and paying

C. From November 20, 2006 to May 15, 2007, the Plaintiff entrusted business of the instant store to G, respectively, from May 16, 2007. During the above period, F and G operated the instant store as “small President”.

The Plaintiff and the Defendant exchanged the content certification from August 2007, and the specific contents are as follows.

The defendant's contents certification of August 3, 2007: He did not first deduct the difference from the credit card payment for the plaintiff's business convenience, and paid the money necessary for the plaintiff's business from time to time for the credit card payment, but he deducted from the credit card payment. He stated that he could not pay the remainder after deducting the difference from the credit card payment.

Although the kind and amount of goods purchased on credit by the Plaintiff cannot be known, it was notified from the claims collection agency of July 9, 2007 that KRW 3,935,100 shall be repaid.