1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. The grounds for this part of the facts are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the parties' arguments

A. On June 10, 2013, the Plaintiff entered into a lease agreement with the Defendant on a shop with the deposit amounting to KRW 40 million. On August 29, 2016, the Plaintiff was returned KRW 10 million.

On October 15, 2016, the Defendant operated G from around October 15, 2016, and the Plaintiff agreed from the Defendant to substitute the existing deposit amount of KRW 30 million for the new lease contract.

Since the Plaintiff delivered to the Defendant the goods worth KRW 3.5 million in G stores and the goods worth KRW 3.5 million, the Defendant is obligated to pay the Plaintiff the lease deposit amount of KRW 30 million and the goods price of KRW 3.5 million.

B. On July 1, 2013, the Defendant, while transferring the status of D’s business entity to the Deceased, notified the Plaintiff of the fact that the lessor status of D was succeeded to the Deceased, and became sufficiently aware of the Plaintiff. Even if the Plaintiff did not receive the aforementioned oral notification, the Defendant’s lessor status pursuant to Article 3(2) of the Commercial Building Lease Protection Act was ever succeeded to the Deceased, and the Defendant did not have the obligation to return the deposit money under the said store lease contract to the Plaintiff. In addition, the Defendant permitted the Plaintiff to operate the store G at the request of the divorced, and the Defendant did not conclude a separate lease contract between the Plaintiff and the Defendant, and the Defendant did not have any obligation to return the deposit money under the said lease contract to the Plaintiff.

3) (Preliminaryly, the Deceased lent KRW 50 million to the Plaintiff, and the Defendant acquired the above loan claims.

In addition, as the defendant and the deceased concluded a partnership agreement and operated D, they jointly bear the obligation to return the deposit, and as a joint lessor of D.