1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The following facts can be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings as to Gap evidence Nos. 1 to 3, 5, and Eul evidence Nos. 1 and 2:

On February 27, 2013, the Plaintiff entered into a contract on the transfer of approximately 56 square meters of the store Kim Jong-si, Kim Jong-si (hereinafter “instant store”) between February 28, 2013 to February 27, 2014, and entered into a contract on the lease of KRW 30,000,000 for each of the terms of contract from February 28, 2013 to February 27, 2014. On the same day, the Plaintiff entered into a contract on the transfer of the instant store’s facilities and rights to KRW 10,00,000 for a premium (the transferee under the transfer contract is written as D) with EL Plus Co., Ltd. to acquire the instant store’s facilities and rights at KRW 10,00,000 for a premium (the transferee is written as D) and began the mobile phone sales business from the instant store.

B. On November 2013, the Plaintiff entered into a sub-lease contract with the Defendant to sublease the instant store amounting to KRW 3,000,000, and KRW 10,500 from December 17, 2013 to February 28, 2014, with respect to the Defendant, as it is difficult for the Plaintiff to operate the instant store. The Defendant changed the instant store from the mobile phone store to the female store (trade name E) and started operating the instant store.

C. On February 5, 2014, the Defendant concluded a lease agreement stipulating that the term of the contract from February 28, 2014 to February 27, 2016, the deposit amount of KRW 30,000,000, monthly rent of KRW 2,700,000, respectively, with respect to the instant temporary lease contract amounting to KRW 2,70,000, respectively. However, as a special agreement, the Defendant concluded a lease agreement stating that “the cost of facilities and the total cost of construction are the matters agreed upon between the Plaintiff (Plaintiff) and the subsequent lessee (Defendant).”

The Defendant asserts that the Defendant transferred KRW 27,150,000 to B on two occasions on February 25, 2014 and March 4, 2014, the remainder of KRW 27,150,000 after deducting KRW 2,850,000 from the deposit money of KRW 30,000 from the Plaintiff’s monthly tax unpaid from KRW 30,00.

(2) The transfer of this case was made and is in operation in the instant order.

2. Determination:

(a) payment of premiums;