1. Of the judgment of the first instance, the part of the judgment against the Plaintiff ordering payment is revoked.

2. The defendant.

1. Basic facts

A. On April 15, 2015, the Plaintiff and the Defendant’s agent (hereinafter collectively referred to as “the instant commercial building”) concluded a lease agreement with the lessor, Defendant, Plaintiff, and lessee, lease deposit amounting to KRW 30,000,000,000,000 monthly rent, from May 10, 2015 to May 9, 2017 (hereinafter referred to as “the instant lease agreement”) with respect to the instant commercial building E, F, and G (hereinafter collectively referred to as “instant commercial building”). As a special agreement, the Plaintiff and the Plaintiff concluded a lease agreement between May 10, 2015 and May 9, 2017 (hereinafter referred to as “the instant lease agreement”). With respect to the land tax and building tax on the instant commercial building, the lessee was 80%, and the lessor was 2

B. On April 15, 2015, the Plaintiff remitted KRW 20 million out of the lease deposit under the instant lease agreement to the Defendant.

C. On November 5, 2015, the Defendant sent to the Plaintiff a content-certified mail demanding the Plaintiff to pay KRW 10 million out of the lease deposit of the instant commercial building and KRW 8.1 million in arrears for three months, and the said content-certified mail reached the Plaintiff around that time.

On the other hand, at the time of concluding the instant lease agreement, H accompanied the Plaintiff, and H entered into a separate lease agreement with the lessor, the Defendant, the lessee I (the living woman of H), the lease deposit amount of KRW 10 million per month, monthly rent of KRW 10 million per month, and April 14, 2017 from April 15, 2015 to April 14, 2017, respectively, with respect to E and F in the instant commercial building, and thereafter, H transferred the instant commercial building to the Defendant and terminated its business on May 26, 2017 when I provided rent, etc. to the Defendant in the instant commercial building.

E. At the time of delivery by I, the Defendant was not paid KRW 13,015,250 in total, including the overdue rent of KRW 9260,00,00 and the amount of tax to be borne by the lessee according to the special agreement.

[Ground of recognition] Facts without dispute, Gap 1 through 4 evidence, Eul 3 through 5 evidence, Eul 7-1 and 2 evidence, part of witness of the trial court and the purport of the whole pleadings

2. The contract shall be executed by document, and the parties to the contract shall be the document.