1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 10, 2011, the Defendant leased approximately KRW 150 of the first floor of the 4th floor of the 4th floor of the Daegu-gu D Building from C, Daegu-gu, for a period of four years until January 9, 2015, and operated an E coffee shop.

나. 원고는 2011. 4. 22. 피고로부터 위 임차 건물 중 약 20평을 보증금 2,000만 원, 월 차임 100만 원, 전대차기간 2011. 5. 1.부터 2013. 4. 30.까지로 하여 전차한 후 떡볶이 가게를 운영하였다.

The Plaintiff and the Defendant agreed on the sub-lease term in relation to the sub-lease period.

C. Since March 18, 2014, the Plaintiff: (a) determined and transferred to F the said right as KRW 67 million for the premium; (b) KRW 30 million for the deposit; and (c) KRW 1.5 million for the monthly rent; and (d) received KRW 57 million for the part of the premium.

At the time, the Plaintiff and F entered into a lease agreement with the owner of the building and F on January 9, 2015, and at the same time, F agreed to pay the remainder of the premium and deposit to the Plaintiff, and if a lease agreement with the owner of the building is not entered into with the owner of the building, the Plaintiff and F shall immediately return the amount of KRW 57 million received by the Plaintiff.

On the other hand, F only until the end of 2014, operated the said building, and thereafter filed a lawsuit against the Plaintiff seeking compensation of KRW 57 million paid on the grounds that the lease contract with the said building owner was not concluded.

[Reasons for Recognition] Unsatisfy, entry of evidence Nos. 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

가. 주장 원고는, 피고는 아직까지 위 임차 건물에서 커피숍을 운영하고 있으면서 F에게는 위 전차 건물에서 떡볶이 가게를 운영하게 하지 못하였다는 취지로 주장하며 원고가 위 전차 건물에 들인 수리비 합계 1억 3,000만 원 중 F으로부터 받은 계약금을 제외한 나머지 6,300만 원의 손해를 배상하라고 주장한다.

The defendant does not renew the lease contract after the lease term expires from the lessor.