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. Basic facts

A. On September 20, 2012, the Defendant leased the instant store from C to the end of September 21, 2012, the 2nd floor 185.6 square meters (hereinafter “instant store”). On September 20, 2012, the Defendant sub-leased the instant store from C from September 21, 2012 to September 20, 2012 (hereinafter “sub-lease”) the period from September 21, 2012 to September 20, 2013.

B. On September 20, 2012 and October 5, 2012, the Plaintiff paid 20,000 won a sublease deposit to the Defendant, and received delivery from the Defendant of the instant store, and operated an entertainment tavern business from around that time.

C. On April 2013, the Plaintiff and the Defendant agreed on the instant sub-lease contract, and the Plaintiff delivered the instant store to the Defendant around April 20, 2013.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. The assertion and judgment

A. 1) The Defendant is obligated to pay the Plaintiff the remainder of KRW 10,500,000,000, which remains after deducting public charges such as overdue rent of KRW 1,436,660, and unpaid electricity charges, from the deposit for sublease of KRW 20,00,00,00. The Defendant’s assertion that ① The actual operator of the store of this case was the Plaintiff’s husband, and the Defendant was the Plaintiff’s husband, but not only entered into the sub-lease contract with E on behalf of the Plaintiff, but also returned KRW 4,00,000,00, which remains after deducting overdue rent, public charges, etc. from the deposit for sub-lease of this case. Thus, the Defendant should be refunded from the deposit for sub-lease of this case.

Even if E was not authorized to receive the instant sub-lease deposit from the Plaintiff, E had the basic authority to conclude the instant sub-lease contract, and the Defendant was the E.