1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Defendant operated the clothes shop in the name of “G”, along with the business buildings located in the wife population D (hereinafter “instant business buildings”) and subparagraph E and F, leased by C.

B. On July 2017, the Plaintiff and the Defendant agreed to operate a coffee shop with the business owner’s name as the Defendant, while paying rent and facility costs, etc. in the instant shopping mall E.

C. Accordingly, the Defendant entered into a sublease contract with C on August 25, 2017 to July 24, 2018 regarding the instant commercial building E from August 25, 2017, setting the deposit amount of KRW 1,00,000, and monthly rent of KRW 440,000 (hereinafter “instant sublease contract”), and obtained the lessor’s consent to sublease from H.

On August 7, 2017, the Defendant reported on the business to the head of the Dong-si Office, Young-si, in the name of "I", and on August 31, 2017, registered the business under the name of the Defendant.

The Plaintiff was notified by the Defendant on September 21, 2017 that “I cannot maintain a partnership with the Plaintiff” on the trade name of “I” from August 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the sub-lease contract of this case was concluded, and that 8,735,000 won (in order to carry on the business in the commercial building E of this case, the Plaintiff spent expenses for the purchase and installation of 8,735,000 won (the purchase and installation cost of tearsens, Earsens, and coffees).

According to the sub-lease contract of this case, the plaintiff is not obliged to pay the deposit, and the defendant is obligated to pay the down payment, and the sub-lease contract was cancelled because the defendant did not pay the down payment.

On September 21, 2017, before the termination of the sub-lease contract, the defendant should not use the business registration certificate and business report certificate under the name of the defendant to the plaintiff, and the content-certified mail.