1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. On August 2016, the Defendant entered into a contract for the use of the instant store (hereinafter referred to as “previous contract”) with respect to the store heading in Seoul Special Metropolitan City and the Jeonju-gun, Jeonju-gun, with deposit KRW 1,460,160, and the period of use from September 1, 2016 to August 31, 2018, and monthly user fee of KRW 54,110, with respect to the store heading in Seoul Special Metropolitan City (hereinafter “instant store”).

B. On December 18, 2016, the Plaintiff and the Defendant drafted a contract in the presence of E, stating “The Defendant, the lessee, the Plaintiff, the deposit amount of KRW 5 million, the intermediate payment of KRW 1410,000 (1.410,000,000,000,000,000,000,000,0000,0000,000,000,0000,000,0000,0000,0000,0000,0000,000

(hereinafter) The contract entered into between the Plaintiff and the Defendant regarding the instant store (hereinafter “instant contract”).

On December 18, 2016, the Plaintiff paid KRW 5 million to the Plaintiff in cash pursuant to the instant contract, and operated the restaurant business with the trade name “F” at the instant store from April 2017 to April 2017 after delivery of the instant store on the same day.

Since the previous contract entered into between the Defendant and the Seoul Special Self-Governing Province could not transfer or lend the right to use the instant store, the Plaintiff reported the business in the name of the Defendant, and paid the instant credit card usage fee by receiving the credit card under the name of the Defendant (hereinafter “the instant credit card”) and the passbook, and paying the business cost with the instant credit card in the manner of depositing it into the passbook under the name of the Defendant.

On April 3, 2017, the Defendant submitted a written waiver of the previous contract to the Republic of Korea. On May 30, 2017, the Defendant reported the closure of business.

On the other hand, on May 15, 2018, the Defendant requested the Republic of Korea to return deposit money, and received deposit KRW 1,460,160 from the Republic of Korea on June 11, 2018.

E. On May 9, 2017, the Plaintiff collected goods, etc. used for restaurant business at the instant store.

[Reasons for Recognition]