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. Determination as to the cause of claim

A. On March 2016, the Plaintiff asserted that the real estate brokerage business should be run together with the Defendant and C, and the real estate brokerage office’s lease deposit amounting to KRW 15 million shall be borne first by the Plaintiff. However, the Plaintiff agreed to fairly share the office operating expenses, such as KRW 8 million for purchasing the office fixtures, KRW 1 million for restoration, and KRW 1 million for rent and employee’s benefits, etc.

However, the Plaintiff failed to pay the rent from November 2016, and eventually, around July 2017, the Plaintiff brought a lawsuit for delivery of a building from the lessor of the said real estate brokerage office.

Accordingly, on July 6, 2017, the Plaintiff demanded the settlement of accounts to the Defendant and C, and agreed that the Plaintiff bears KRW 24 million each in total, including lease deposit, office house purchase cost, and restoration cost. Accordingly, the Defendant prepared and delivered a loan certificate stating that “the Defendant borrowed KRW 8 million from the Plaintiff on July 6, 2017, and the redemption date shall be August 31, 201” (hereinafter “the loan certificate of this case”).

Therefore, the defendant is obligated to pay 8 million won and delay damages to the plaintiff.

B. Determination Nos. 1, 2, 3, and 1 through 5 include the following circumstances, namely, ① Defendant also operated real estate brokerage business with the Plaintiff, Defendant, and C around March 2016; the office lease deposit amounting to KRW 15 million shall be borne by the Plaintiff and the Plaintiff would have been settled in preference to the profits later;

It is recognized that the office office's purchase cost, restoration cost, rent, employee's wage, etc. is agreed to be borne by three persons in proportion to each other. ② At the time of the preparation of the loan certificate of this case, when the plaintiff requests the defendant and C to settle the unpaid rent, management fee, etc., the office shall be returned.