1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The plaintiff claimed at the first instance court for the payment of lease deposit, premium, and damages for delay against the defendant. The first instance court accepted the principal portion of lease deposit and premium, and partly accepted the damages for delay.

In this regard, the defendant only appealed against the part of the claim for premium, which is subject to the judgment of this court, is limited to the part exceeding 3050,000 won out of the cited part of claim for premium.

2. The reasoning of the judgment of the court of first instance cited in the part of the judgment of the court of first instance is as stated in the judgment of the court of first instance, in addition to the following, the part of "the fourth (2) judgment" in the judgment of the court of first instance is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. The decision of the court of first instance 2) The payment of premiums, which is accompanied by the lease of a building for business use, does not constitute the contents of the lease contract, but is regarded as the transfer of tangible and intangible property value, such as business facilities, non-commercial goods, etc., or the transaction partner, credit, business know-how, etc., or the cost of use for a certain period of time, so long as the use during the period of acquisition of the tangible and intangible property value or the agreed period of transfer of the leased property value is effective, the lessor is not obligated to return the premiums, provided that the lessee has no contrary agreement to the original lease, thereby allowing the lessor to acquire the property value of the premium by transfer or sub-lease.

In spite of the agreement to continue to maintain the lease over a certain period after receiving the premium, it has been agreed to use the value.