1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Basic facts, on July 21, 2016, the Defendant concluded a lease agreement with the term “D” store in the Seo-gu Daejeon Metropolitan City (hereinafter “instant store”) to lease from E as KRW 5,000,000, monthly rent 90,000, and the term of lease from July 21, 2016 to April 21, 2017, and operated the instant store at the instant store.

However, the Defendant, who was difficult to operate the instant store, was proposed to promptly dispose of the instant store and enter into a sub-lease contract with the Plaintiff at KRW 500,000 after deducting the monthly rent from F during the remainder of the lease period.

Of KRW 900,000 per month of rent 900,000, the Defendant thought that it would be better for the Defendant to bear the said sub-lease contract. The Plaintiff and the Plaintiff considered that “The Plaintiff would pay KRW 900,000 per month the rent to be paid by the Defendant to E, a lessor, shall be paid directly by the Plaintiff, and KRW 400,00 per month shall be paid by the Defendant to the Plaintiff, and KRW 2,00,000 per month, a five-month rent shall be paid by the Defendant.” However, the lessor, as the lessor, did not object to the conclusion of the sub-lease contract between the Plaintiff and the Defendant, did not perform the sub-lease contract

Therefore, the Plaintiff entered into a lease agreement with the lessor E to use the instant store by directly entering into a lease agreement with respect to the instant store during the remaining lease period. On October 6, 2016, the Plaintiff entered into a lease agreement with the Plaintiff, setting the instant store as six months from E to April 5, 2017, with the lease deposit amount of KRW 5,00,000, KRW 900,000, and the lease period of KRW 900,000, and operated the instant store from around that time.

On October 7, 2016, the lessor received 5,000,000 won from the Plaintiff, and paid 4,600,000 won to the Defendant as the refund of the lease deposit.

[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 2, Eul evidence 1, and Eul evidence 2.